LAW OF EVIDENCE 559
(ii) Facts admitted by parties.
Section 58
- There are two sorts of admissions which must be distinguished.
(1) Formal admissions made touching matters related to a proceeding in a Court and made intentionally by parties so as to dispense with their Proof.
(2) Informal admissions alleged to have been made by a party to the proceedings but not made in the course of the proceedings.
- Section 58 applies only to formal Admissions.
Formal admissions may be made by parties in 6 different ways :
(i) On the pleadings.
(ii) In answer to interrogatories.
(iii) In answer to a notice to admit specified facts.
(iv) In answer to produce and admit documents.
(v) By the Solicitor of a party during the litigation.
(vi) In open Court by the litigant himself or by his Advocate.
Proof of such facts would be futile. The Court has to try the questions on which the parties are at issue and not on which they are agreed.
Applicability of Sec. 58 to criminal trials is a matter on which there is a difference of opinion.
(i) Nortion says that it does not apply to criminal trials.
(ii) Cunningham says that it does.
30 Bom. L. R. 646.
Section 58 makes no exception in regard to criminal proceedings.
Rat. Un. Cr. C. 769.
Section 58 makes no exception in regard to Criminal Proceedings.
39 Mad. 449.
On general principals of Jurisprudence Sec. 58 ought not to be applied to criminal trials.