Vol. 12 · pages 626–630

605LAW OF EVIDENCE (iii) The Book, Register or Record may be in the book, register or record kept in any country not necessarily in India, provided it satisfied the conditions. An entry in a book, register or record of any foreign country can be proved. Points to be noted. (1) The entry is evidence ; though the person who made it is alive and is not called as a witness—For the proof of public and official documents see Sections 76-78. (2) The Sections does not make the book, register or record evidence to show that a particular entry has not been made— 10 Cal. 1024 ; 25 All. 90. (3) The Section is not confined to the class of cases where the public officer has to enter in a register or other book some actual fact which is known to him— 20 Cal. 940. (4) Although the entry must have been made by a public servant in the discharge of his official duty or in the performance of a duty specially enjoined by law, but it must not be such an entry which a public servant is not expected or permitted to make, or which from ignorance of his duties or caprice or otherwise, he may choose to make at the dictation of a person who had a personal knowledge of the truth of the facts stated in the entry. 25 All. 90.F. B. 101. 2. It is not necessary that the entries must have been made up from day or (as in banks) from hour to hour as the transactions take place. Time when the entries are made is not essential. All that is necessary is that they must have been made regularly in the course of business. Delay in entry may affect its value but cannot affect its admissibility—27 Cal. 118 (P C.); 13 C. I J. 139. 3. Although the actual entries in books of account regularly kept in the course of business are relevant, the book itself is not

606 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES relevant to disprove an alleged transaction by the absense of any entry concerning it. 10 Cal. 1024. NOTE : It may be admissible under Sec. 9 and 11—19 C. N. 1024. For inference to be drawn from absence of entry. 30 Cal. 231 (247) P. C. 4. The entry must be in some book, register or record. Entry does not include correspondence 7 M.L.I.117. Illus.— 1. Entries in Birth and Death Registers. 2. Entries in Birth and Revenue Registers. 3. Entries in Birth and Marriage Registers. 36 § Statements of fact in issue or relevant facts made in Maps, Plans and Charts. I. Conditions of admissibility. The section refers to two classes of Maps and Plans. (a) Those generally offered for public sale and (b) Maps or Plans made under the authority of Government. Reasons for the admissibility of (a) The publication being accessible to the whole community and open to the criticism of all the probabilities are in favour of any inaccuracies being challenged or exposed. Reasons for the admissibility of (b) Being made and published under the authority of Government, they must be taken to have been made by and to be the result of the study or inquiries of competent persons. 37 § Statement made in a recital in any Act or in a notification of the Government appearing in the Gazette.

607LAW OF EVIDENCE Reasons. 1. The Gazettes and Acts are admissible because they are made by the authorised agents of the public in the course of an official duty and published under the authority of the State and facts stated in them are of a public nature and notoriety. 2. As the facts stated in them are of a public nature, it would often be difficult to prove them by means of sworn witnesses. 1. Relevant only if the Court has to form an opinion as the existence of any fact of a public nature. 2. Public nature. (not explained—ed.) 3. The section drawns no distinction between a public and private Act of Parliament. It merely requires that the fact recited in either case should be a public nature. 4. The recitals are not conclusive so far as the Evidence Act is concerned. However they may be expressly declared to be conclusive. 5. A recital is to be proved for showing the existence of a fact. It is no evidence that the particular person knows its existence. Knowledge of a fact although it be of a public nature is not to be conclusively inferred from a notification in the Gazette; it is a question of fact for the determination of the Court. It must be shown that the party affected by notice has probably read it. 38 S. 1. Statement of the law of any country in (a) book purporting to be printed or published under the authority of the Government of such country and to contain any such law. 2. Report of a ruling of the Court of such country contained in a book supporting to be a report of such rulings. This applies where the Court has to form an opinion as to a law of any country.

608 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Particular instances of facts which are inconsistent with facts in issue or relevant facts or which make them highly improbable. They are (1) Admissions (2) Confessions and (3) Judgements. § Admissions Sec. 21. 1. Admission may be proved against the person who makes them or against his representative in interest. 2. Question is what is an admission? Before that certain points regarding the relevancy of admissions must be noted. (1) Admission can be proved against a person. Admission in favour of a person cannot be proved by him. A plaintiff can prove an admission made by the Defendant if it is necessary for this case. A defendant can prove an admission made by the plaintiff if it is necessary for his case. But a plaintiff cannot prove an admission made by him however helpful it may be for his own case. Similarly a Defendant cannot give evidence of an admission made by him however hopeful it may be for his own case. The reason is that a party cannot be allowed to create evidence in his own favour. There are three exceptions to this rule under which a party is permitted to give evidence of an admission in his own favour. (a) If the Admission is relevant under Sec. 32. (b) IF the Admission relates to a state of mind or body made about the time and is accompanied by conduct. (c) If the admission is relevant otherwise than as an admission. Illus: (d) and (e) Sec. 23. (2) Barring these three cases, an admission, if it is to be proved can be proved only against a party. But there is a casein which proof of an admission cannot be given. This is a case where admission was made on the express condition that proof of the admission shall not be given.

609LAW OF EVIDENCE Sec. 31. (3) Admissions are not conclusive proof of the matter admitted. An admission may become an estoppel if the elements necessary for estoppel exist in which case a party against whom it is sought to be proved cannot give evidence to disprove it or explain it away. But if it is not an estoppel, evidence can be given by the party against whom it is proved to disprove it or to explain it. 3. Admissions can only be proved against the party who made them but they can also be proved against his representative-ininterest. Who is a representative-in-interest ? (i) There is no definition of the term given in the Act. (ii) It is held to be wider than the term Legal representative which according to the penal code means a person who represents in law the estate of a deceased person. (iii) It not only includes a ‘legal representative’ but also includes the privies of a person. (iv) The privies of a person are :— (i) Privies in blood, such as ancestors and heirs. (ii) Privies in law, such as executor of a testator or administrator to an intestate. (iii) Privies in estate or interest, such as Vendor and Purchaser, grantor and grantee, donor and donee, lessor or lessee. So that an admission : (1) made by the father can be proved against the son ; (2) made by the deceased against the executor or administrator ; (3) made by the Vendor against the Purchaser. 17-20 § What is an Admission. 1. Admissions are (1) Formal or (2) Informal. (1) Formal admissions are : (i) Admissions contained in the pleadings. (ii) Admissions in answers to interrogatories.