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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Proof of Admissions (Section 19)
1. General Rule
2. Exceptions (When Admission Can Be Used in Favour of Maker)(1) When Maker is Dead (Section 26 Principle)
(2) Statement as to State of Mind or Body
(3) Relevant Otherwise Than as Admission
3. Key Illustrative Principles
4. Self-Serving Statements (Exception Cases)Self-serving statements are allowed only in 3 cases:
5. Core Principle👉 Admissions are evidence against the maker, not in his favour — unless special exceptions apply.
Quick Revision Line👉 You cannot use your own admission to help yourself, except in limited situations (dead person, state of mind, or independent relevance).
1. General Rule
- Admissions are relevant and can be proved AGAINST the maker
- But they cannot be proved BY or ON BEHALF of the maker
- A person’s admission can be used against him
- But generally, he cannot use his own admission in his favour
2. Exceptions (When Admission Can Be Used in Favour of Maker)(1) When Maker is Dead (Section 26 Principle)
- Admission can be proved if it would be relevant when the maker is dead
- Based on necessity and unavailability
- Entries made in business records by deceased person → admissible
(2) Statement as to State of Mind or Body
- Must satisfy:
- Relates to state of mind/body (e.g., intention, knowledge)
- Made at or about the time
- Supported by conduct making falsehood unlikely
(3) Relevant Otherwise Than as Admission
- If statement is independently relevant under Sections 4–11, it can be used
- Even if it is also an admission
- Statement explaining conduct or possession can be admitted
3. Key Illustrative Principles
- A cannot prove his own statement to support his case
- But opponent can use it against him
- A says deed is genuine → B can use it
- But A cannot rely on his own statement
4. Self-Serving Statements (Exception Cases)Self-serving statements are allowed only in 3 cases:
- When admissible under Section 26 (dead person rule)
- When showing state of mind/body
- When independently relevant under other provisions
5. Core Principle👉 Admissions are evidence against the maker, not in his favour — unless special exceptions apply.
Quick Revision Line👉 You cannot use your own admission to help yourself, except in limited situations (dead person, state of mind, or independent relevance).
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