Section 18 of Indian Evidence Act 1872: Admission by Party to Proceeding or His Agent
Section 18 identifies whose statements may amount to admissions. It covers statements by a party, an authorized agent, a party acting in a representative character, persons having a proprietary or pecuniary interest in the subject matter, and persons from whom a party derives that interest.
Meaning of Admission
Section 17 of the Indian Evidence Act, 1872 defined an admission as a statement, oral or documentary or contained in electronic form, which suggests an inference as to a fact in issue or relevant fact and which is made by a person, and under the circumstances, mentioned in the provisions governing admissions. Section 18 specifies important categories of persons whose statements can qualify as admissions.
Section 18: Admissions by Party, Agent and Other Interested Persons
Statements by a party or authorized agent. A statement made by a party to the proceeding is an admission. A statement made by an agent of such party is also an admission where, in the circumstances of the case, the Court regards the agent as expressly or impliedly authorized to make it.
Party suing or sued in a representative character. A statement made by a person who sues or is sued in a representative character is not an admission merely because that person is a party. It must have been made while the person held that representative character.
Persons interested in the subject matter. Statements by persons having a proprietary or pecuniary interest in the subject matter of the proceeding may be admissions when made in their character as persons so interested.
Persons from whom interest is derived. Statements by persons from whom parties to the suit derived their interest in the subject matter may be admissions when made during the continuance of the interest of the persons making the statements.
Who Can Make an Admission Under Section 18?
1. A party to the proceeding
A person's own statement can operate as an admission against that person when the statutory requirements relating to admissions are satisfied. Section 18 is therefore not confined to formal pleadings or statements made in Court.
2. An expressly or impliedly authorized agent
An agent's statement does not automatically become an admission of the principal. The Court must be able to regard the agent, in the circumstances, as expressly or impliedly authorized to make the statement. The scope of the authority and the context in which the statement was made are therefore material.
3. A party in a representative character
Where a person is litigating in a representative capacity, the timing and capacity in which the statement was made are important. Section 18 requires the statement to have been made while the person held the representative character.
4. A person with proprietary or pecuniary interest
The section also covers a person who has a proprietary or pecuniary interest in the subject matter of the proceeding, provided the statement is made in the character of a person possessing that interest.
5. A predecessor-in-interest
A statement by a person from whom a litigating party derived an interest in the subject matter may qualify as an admission, but the statement must have been made while the maker's interest continued. A statement made after that interest had ceased does not satisfy this part of Section 18.
Practical Effect of Section 18
Section 18 determines the persons whose statements may enter the law of admissions. Whether a particular admission is relevant, provable, conclusive, or capable of being explained must be considered with the other provisions of the Evidence Act dealing with admissions and proof. An admission is generally an item of evidence and is not, merely by being an admission, equivalent to a conclusive adjudication of the fact admitted.
Illustrative Examples
If a party to a property dispute makes a statement acknowledging the other party's payment, that statement may constitute an admission. If an authorized agent makes a statement within the authority the Court recognizes, it may likewise be treated as an admission. Similarly, a statement by a predecessor-in-interest concerning property may fall within Section 18 if it was made while that person's interest in the property continued.
Related Provisions
Section 18 should be read with Sections 16 and 17, including the definition of admission, and the provisions that follow concerning admissions by other persons and the circumstances in which admissions may be proved.