Explain the conditions under which statement by the third party could be taken as ‘admission’ under the Indian Evidence Act, 1872.

Question: Explain the conditions under which statement by the third party could be taken as ‘admission’ under the Indian Evidence Act, 1872. [HPJS 2019]

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Answer

Under the Indian Evidence Act, 1872, a statement made by a third party is generally not considered as an admission because admissions are usually restricted to the parties to the proceeding. However, under certain conditions, a statement by a third party can be considered as an admission under Sections 18 to 21 of the Act.

Conditions Where a Third Party’s Statement is Considered as an Admission:

1. Statements by Persons Expressly Referred to by a Party in Interest (Section 18): If a party to a case refers to a third party as having authority to make statements on their behalf, the statement of such a person is considered an admission.
2. Statements by Agents (Section 18): If a third party is acting as an agent of a party to the case, their statements regarding the subject matter of the dispute are considered admissions.
3. Statements by Persons Having a Proprietary or Pecuniary Interest (Section 18): If a third party has a financial or ownership interest in the subject matter of the case and makes a statement while they have that interest, it is considered an admission.
4. Statements by Predecessors-in-Title (Section 18): When a party derives their legal title or rights from a previous owner, any statement made by the previous owner regarding the title is considered an admission.
5. Statements by Persons in a Joint Interest (Section 18): If multiple persons share a common interest in a subject, a statement made by one person while the joint interest exists is binding on all.
6. Statements by Third Parties in Representative Capacity (Section 19): When a third party makes a statement in a representative capacity (such as a trustee, executor, or official in authority), their statement can be considered an admission if it relates to the case.
7. Statements by Persons Whose Position a Party has Adopted (Section 20): If a party to the case relies on or adopts a third party's statement as the basis of their claim or defence, that statement becomes an admission.
8. Statements by Third Parties Affecting a Party’s Liability (Section 21): If a third party’s statement affects the liability of a party and is made under circumstances where it is against that party’s interest, it may be considered as an admission.

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