Section 21 of the Indian Evidence Act, 1872: Proof of Admissions Against the Person Making Them

Section 21 states the general rule governing proof of admissions against the person who made them or that person's representative in interest. It also specifies the limited circumstances in which the maker may rely on his or her own admission.

Law applicable before the Bharatiya Sakshya Adhiniyam, 2023: This article explains Section 21 of the Indian Evidence Act, 1872 as it stood immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. The 2023 Adhiniyam repealed the 1872 Act, but its saving provision continues the earlier Act for applications, trials, inquiries, investigations, proceedings and appeals that were pending immediately before commencement.

Meaning and scope of Section 21

An admission, in the scheme of the Indian Evidence Act, is a statement falling within the statutory provisions on admissions and suggesting an inference as to a fact in issue or a relevant fact. Section 21 deals with who may prove an admission and against whom it may be proved.

The basic rule is that a party's admission may ordinarily be proved against that party. The maker cannot normally manufacture evidence in his or her own favour merely by proving an earlier self-serving statement. Section 21, however, recognizes three exceptions where the maker may prove the statement.

Text and rule under Section 21

Section 21 - Proof of admissions against persons making them, and by or on their behalf.

Admissions are relevant and may be proved against the person who makes them, or the person's representative in interest. They cannot ordinarily be proved by or on behalf of the maker or the maker's representative in interest, except in the three situations explained below.

Three exceptions permitting the maker to prove an admission

Statement relevant under Section 32 if the maker were dead: An admission may be proved by or on behalf of its maker when the statement is of such a nature that, if the maker were dead, it would be relevant between third persons under Section 32.
Contemporaneous statement of state of mind or body: The maker may prove an admission consisting of a statement about an existing state of mind or body that is relevant or in issue, provided it was made at or about the time that state existed and was accompanied by conduct making falsehood improbable.
Statement relevant independently of its character as an admission: The maker may prove the statement where it is relevant on some other ground under the Act, rather than merely because it is an admission.

Statutory illustrations explained

Illustration (a) - Disputed deed: Where A says a deed is genuine and B says it is forged, each may prove the other person's statement that supports his case. Neither can ordinarily prove his own statement merely to support himself.

Illustration (b) - Ship captain's records: A captain tried for casting away a ship may rely on a book regularly kept by him showing daily observations relevant to the ship's course, because such entries could be relevant under Section 32(2) if he were dead.

Illustration (c) - Letter bearing a postmark: An accused may produce a letter written by himself at another place on the relevant day where the circumstances make the statement independently admissible on the statutory basis indicated in the illustration.

Illustration (d) - Receiving stolen goods: A person accused of knowingly receiving stolen goods may prove facts showing that he refused to sell the goods below their value where those facts explain conduct influenced by a fact in issue.

Illustration (e) - Counterfeit coin: A person accused of knowingly possessing counterfeit coin may prove that he sought an expert examination because he doubted whether the coin was counterfeit and was told it was genuine, where those facts are independently relevant to explain his conduct and knowledge.

Practical effect of Section 21

General rule: admissions are usable against their maker or representative in interest.

Restriction: the maker generally cannot prove his or her own statement simply because it is favourable.

Exceptions: the statement may be proved by the maker when it falls within the Section 32-type exception, concerns a contemporaneous state of mind or body with supporting conduct, or is independently relevant for another reason.

Relationship with nearby provisions

Section 21 should be read as part of the statutory scheme governing admissions and confessions. The following provisions deal with oral admissions concerning documents and electronic records, admissions in civil cases, and the rules governing confessions:

Sections 22, 22A and 23 - Oral admissions about documents and electronic records and admissions in civil cases

This page is an explanatory legal information article and should be read with the statutory text and applicable judicial decisions for a particular case.