582 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
3. What are those circumstances ?
(1) If it is made on condition that evidence of it is not to be given
(a) Condition may be express or
(b) Condition may be implied from the Conduct of the parties.
(2) Agreement may be verbal or in writing.
- The application of Section 23.
(1) It applies to Civil cases only. The rule does not extend to criminal cases.
(2) By Judicial interpretation the application of the Section has been confined to admissions made in the course of the negotiations in the same.
The mere fact that a document is stated to have been written “Without Prejudice” will not exclude it. The rule which excludes documents marked “Without Prejudice” has no application unless some person is in dispute or negotiations with another and terms are offered for the settlement of the dispute or negotiation. 23 Bom. 177 (180).
Explanation—
This section does not apply where a person is compellable to answer.
§ Matters which are irrelevant.
The law of Evidence does not state what matters are irrelevant.
It proceeds to state what matters are relevant and thus excludes those that are not relevant.
It is objected that the rules of relevancy are of no use.
There are two problems a Judge is faced with
(i) Whether and how far he ought to believe what the witness says ?