Vol. 12 · pages 631–635

610 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (iii) Admissions on notice to admit facts. (iv) Admissions on notice to admit documents. (v) Admissions by Solicitors. (vi) Admissions by Counsels. (2) Informal Admissions are : (i) By Statements. (ii) By Conduct— (1) Act or Omission. (2) Silence. (3) Acquiescence. 4. Admissions the proof which is allowed by section 21 do not Formal Admissions. Section 21 deals with informal admissions only. But it does not deal with all the classes of informal admissions. It does not deal with informal admissions by conduct. It only deals with informal admissions contained in statements. It deals with assertions and not acts. 5. The definition of an admission as used in Section 21 is spread over sections 17-20. An admission is a statement, oral or documentary, which suggests an Inference as to any fact in issue or relevant fact made by a person specified in Sections 18, 19, 20. Two things are necessary. The statement may not be directly touching the fact in issue or a relevant fact. It is enough if it suggests an inference of acknowledging the fact in issue or relevant fact. Illus :— A sues X for damage done by K’s cattle to A’s crop and for the purpose of showing an admission on the part of X that his cattle had caused the damage. X offers the testimony of B to the effect that X told that X had offered a certain sum to cover the damage. This is a statement which can sustain the inference that X’s admission that his cattle did do the damage.

611LAW OF EVIDENCE Illus-— A sued X for the loss of his sheep alleging that X’s dog had killed them. As proof he adduced evidence that X had killed his dog at the time remarking that it will not kill any more sheep. Is this an Admission ? II. It must have been made by persons specified in Sections 18-20. 1. Deference to sections 18-20 shows that the reasons specified fall into categories. (1) Persons who are parties to the proceedings and (2) Persons who are not parties to the proceedingsstrangers. Persons who are parties to the proceedings include : (1) Parties. (2) Agents of the parties. (3) Persons jointly interested in the subject-matter of proceedings. e.g. partners, joint contractors. (4) Persons from whom parties have derived their interest. I. Strangers. Where can a statement of a person who is a stranger and is not in any way related to a party to the proceedings mentioned in Section 18, be treated as an admission by a party. Two cases. (1) Statement is that of a referee—Section 20. II. When the liability or position of that stranger is subject-matter of the proceedings. and (2) When the statement of the stranger be such as to amount to admission by him of his liability i.e. it must come within Section 17-18. Illus. To the section—of liability. Illus. 5 Mad. 239 —of position. A and B are jointly liable for a sum of money to C who brings an action against A alone.

612 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES A objects that he cannot singly or severally be made liable and that B should be joined as a co-defendant being jointly liable. An admission by B to D as to his joint liability is relevant between A and C and may be proved. D may prove it although B is not called. § Confession 1. Evidence may be given of a confession provided it be not expressly excluded whether made to a private person or to a Magistrate. 2. That a confession was made is a fact which must be proved like any other fact. 9 Mad. 224 (240). 5 Lah. 140. 4 All. 46 (94). 8 W.R. Cr.28. 3. Two Questions arise : I. What is a Confession. II. What are the cases in which the Evidence of a Confession is excluded. I. What is a Confession : 1. The Act contains no definition of the term Confession. 2. The definition of the term is therefore a matter of judicial interpretation. 3. A confession is a statement. An Admission is also a statement although the one is a statement by an accused while admission may be statement by a party. Two questions arise : (1) What is the precise difference between Confession and Admission. (2) When is a statement by the accused a Confession and when it is an admission. 1. Statements made by an Accused person belongs to a class which the Evidence Act calls “admissions” (sections 17,18) and…...they are evidence against the maker but not in his favour.

613LAW OF EVIDENCE 2. Confessions are a sub-species of “statements” and a species of admissions. 3. The following table illustrates the relationship. Statements Those which amount to admissions Those which do not amount to admissions Admissions which amount to confessions Amount which do not amount to confessions 4. The common feature of confessions and admissions is that they are both of them are statements made by the party to the proceedings. 5. Two questions arise. I. A statement is an admission even though it is not made by the party himself. If it is made by a person defined in Sections 18-20 it will be an admission. Can a statement rank as a confession if it is made not by the Accused himself but by persons specified in Sections 18-20. 1. To be a Confession, it must be by the Accused himself. If it is not by the accused it is not a Confession : 1. An exculpatory statement by the Accused is not a Confession. 2. An inculpatory statement by the Accused which involves him but does not incriminate him is not Confession. 3. An inculpatory statement which not only involves but also incriminates is a Confession. Points to be noted. 1. The incrimination may be direct or may be by inference. A statement which can by itself be the foundation of conviction is a confession.

614 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 2. The statement may be intended by the accused to be self-exculpatory but it may nevertheless be an admission of an incriminating circumstance in which case it will amount to a Confession. 6 Bom. 34. § Two sorts of Confessions. 1. Confessions are either Judicial or Extra Judicial. (i) Judicial Confessions are those which are made before a Magistrate or in Court in the due course of legal Proceedings. (ii) Extra Judicial Confessions are those which are made by the party elsewhere than before a Magistrate or in Court. § What are the cases in which Evidence of Confession excluded 1. The Evidence Act has considered three possible cases : (i) Confession is made to a Police Officer. (ii) Confession is made while in the custody of the Police. (iii) Confession which is made to a person who is not a Police Officer and which is not made while in the custody of the Police. With regard to (i) It is excluded by Section 25. With regard to (ii) It is excluded by Section 25, 26.Exception. Effect of Sec. 27. 6 All. 509 (F. B.) Question. Is Section 27 an exception only to Section 26 and not to section 25 ? or Is it an exception to both ? 57 Cal. 1062. With regard to (iii) The matter is governed by Section 24. Explanation. 1. Person in authority. 2. Appears.