608 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Particular instances of facts which are inconsistent with facts in issue or relevant facts or which make them highly improbable.
They are (1) Admissions (2) Confessions and (3) Judgements.
ยง Admissions
Sec. 21.
Admission may be proved against the person who makes them or against his representative in interest.
Question is what is an admission? Before that certain points regarding the relevancy of admissions must be noted.
(1) Admission can be proved against a person. Admission in favour of a person cannot be proved by him. A plaintiff can prove an admission made by the Defendant if it is necessary for this case. A defendant can prove an admission made by the plaintiff if it is necessary for his case. But a plaintiff cannot prove an admission made by him however helpful it may be for his own case. Similarly a Defendant cannot give evidence of an admission made by him however hopeful it may be for his own case.
The reason is that a party cannot be allowed to create evidence in his own favour.
There are three exceptions to this rule under which a party is permitted to give evidence of an admission in his own favour.
(a) If the Admission is relevant under Sec. 32.
(b) IF the Admission relates to a state of mind or body made about the time and is accompanied by conduct.
(c) If the admission is relevant otherwise than as an admission.
Illus: (d) and (e)
Sec. 23.
(2) Barring these three cases, an admission, if it is to be proved can be proved only against a party. But there is a casein which proof of an admission cannot be given. This is a case where admission was made on the express condition that proof of the admission shall not be given.