Proof of admissions against persons making them, and by or
on their behalf is defined under Section 21 of Indian
Evidence Act 1872.
Provision under this section is:
Section 21 of Evidence Act "Proof of admissions
against persons making them, and by or on their behalf"
Admissions are relevant and may be proved as against the
person who makes them, or his representative in interest;
but they cannot be proved by or on behalf of the person who
makes them or by his representative in interest, except in
the following cases:-
(1) An admission may be proved by or on behalf of the
person making it, when it is of such a nature that, if the
person making it were dead, it would be relevant as between
third persons under section 32.
(2) An admission may be proved by or on behalf of the person
making it, when it consists of a statement of the existence
of any state of mind of body, relevant or in issue, made at
or about the time when such state of mind or body existed,
and is accompanied by conduct rendering its falsehood
(3) An admission may be proved by or on behalf of the
person making it, if it is relevant otherwise than as an
(a) The question between A and B is, whether a certain deed
is or not forged. A affirms that it is genuine, B that it is
A may prove a statement by B that the deed is genuine, and B
may prove a statement by A that the deed is forged ; but A
cannot prove a statement y himself that the deed is genuine,
nor can B prove a statement by himself that the deed is
(b) A, the Captain of a ship, is tried for casting her away.
Evidence is given to show that the ship was taken out of her
A produces a book kept by him in the ordinary course of his
business showing observations alleged to have been taken by
him from day to day, and indicating that the ship was not
taken out of her proper course, A may prove these
statements, because they would be admissible between third
parties, if he were dead, under section 32, clause (2)
(c) A is accused of a crime committed by him at Calcutta.
He produces a letter written by himself and date at Lahore
on that day, and bearing the Lahore post mark of that day.
The statement in the date of the letter is admissible,
because, if A were dead, it would be admissible under
section 32, clause (2).
(d) A is accused of receiving stolen goods knowing them to
He offers to prove that he refused to sell them below their
A may prove these statements, though they are admissions,
because they are explanatory of conduct influenced by facts
(e) A is accused of fraudulently having in his possession
counterfeit coin which he knew to be counterfeit.
He offers to prove that he asked a skillful person to
examine the coin as he doubted whether it was counterfeit or
not, and that person did examine it and told him it was
A may prove these facts for the reasons stated in the last
What is Proof of admissions against persons making them, and
by or on their behalf? Section 21 of Indian Evidence Act
When oral admissions as to contents of documents are
relevant? When oral admission as to contents of electronic
records are relevant? What is admission in civil
cases? Section 22, 22A and 23 of Indian Evidence Act 1872
Confession caused by inducement, threat or promise when
irrelevant in criminal proceedings? Section 24 of Indian
Evidence Act 1872
What is the meaning of Confession to police officer not to
be proved? Is confession by accused while in custody of
police not to be proved against him? Section 25 and 26 of
Indian Evidence Act 1872
How much of information received from accused may be proved?
Confession made after removal of impression caused by
inducement, threat or promise, relevant? Section 27 and 28
of Indian Evidence Act 1872
Confession otherwise relevant not to become irrelevant
because of promise of secrecy, etc. Consideration of proved
confession affecting person making it and others jointly
under trial for same offence. Section 29 and 30 of Indian
Evidence Act 1872