Admission defined
Section 17 of the Indian Evidence Act, 1872 deals with admission defined. An admission is a statement, [oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
An admission is a statement, [oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.
Section 17, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 15 Admission defined Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ram Pat vs State of Harayana
Court's Decision & Legal Precedent
A purchaser of an undivided share in joint family property does not acquire any right to possession of the land; his only right is to sue for partition. Therefore, the accused persons, being purchasers of undivided shares, could not claim to be in 'settled possession' of the disputed agricultural land. The four essential attributes of settled possession as established in Puran Singh (actual physical possession over sufficiently long period, possession to knowledge of owner with animus possidendi, complete and final dispossession acquiesced in by owner, and for culturable land, growing of crop) must be read conjunctively. Since the accused did not satisfy these attributes and were wholly armed aggressors while the deceased party was not armed (except with a non-dangerous Kamari), they had no right of private defence and were therefore guilty of murder.
On this section: Discussed regarding admissions made by witnesses and their evidentiary value.
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Mrityunjoy Sett(d) by Lrs vs Jadunath Basak (d) by Lrs
Court's Decision & Legal Precedent
An admission made by a party in a court of law, originating from the person against whom it is sought to be produced, constitutes the best possible and most reliable form of evidence and shall hold good unless withdrawn or clarified by the admitting party. Such an admission shall carry greater evidentiary weight than uncorroborated documentary evidence like rent receipts, and shall be admissible and usable in all subsequent legal proceedings. Further, where a statutory notice prescribes a one month period expiring with a month of the tenancy, full and complete compliance is achieved when one month's clear time is provided, regardless of whether the underlying tenancy record contains documentary evidence suggesting a different calendar system, unless such evidence is substantiated by credible witness testimony from the document's creator. A High Court acting under Section 100 of the CPC cannot set aside the judgment and decree of a lower appellate court when the High Court itself acknowledges that no substantial question of law is involved in the appeal, as such interference would be contrary to settled principles of appellate jurisdiction.
On this section: Defines 'admission' of a party. The court held that the respondent's written admission in the earlier suit that rent was 'per English Calendar month' was a valid admission under this provision.
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Jose Valiyaveedan v. Giri K. George
Court's Decision & Legal Precedent
Final Order order-1.pdf 2012-03-02 DATE VERIFIED. OP(C) 953/2010. Kerala HC, K.T. Sankaran J. Isolate: IEA s.17 — an admission is a statement (oral, documentary or electronic) suggesting an inference as to a fact in issue; a signature on a deposition is not itself an admission under s.17 and cannot be used as substantive evidence of a disputed signature. Distinct from s.21 (proof of admissions) and s.145 (contradicting a witness). Recites s.80 presumption as the proper mode to prove a judicial deposition. Do not pad 145 (already filled) or 21/80. Charanjit/Meenakshi/Abdul Latheef remain non-isolates (O12 R6 / rent-control). Carry BSA 15 (near-identical 1.0). Leading HC.
On this section: IEA 17: an admission is a statement suggesting an inference as to a fact in issue; a signature on a deposition is not itself an admission and is not substantive evidence of a disputed signature (Jose Valiyaveedan). Do not pad 145.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Our view is fortified by the dictum of the Hon'ble Supreme Court in the case of Chikkam Koteswara Rao vs. Chikkam Subbarao and others reported in AIR 1971 SC 1542 , wherein, while considering the provisions of Section 17 of the Indian Evidence Act, at paragraph-3, it is held as under: > 3. It is clear from the judgment of the of the High Court that but for the aforementioned statement of the appellant, the High Court would not have disturbed the finding of the trial Court as regards the properties covered by Ex.B.6. Before the …
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… The burden of proof that the Respondents were the owner of the suit property, the Appellant was the tenant thereof and that the Appellant had failed and neglected to pay rent for a period of at least four months for the purpose of the counterclaim lay on the Respondents. 64. Section 17 of the Indian Evidence Act, 1872 defines admission in this manner: "17. Admission defined.-An admission is a statement, oral of documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, …
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… to have been executed by D1 in favour of the plaintiff could unilaterally be cancelled without the intervention of the Court? - (ii)Whether the First Appellate Court was not right in holding that Ex.A1 Settlement Deed was not proved, despite D1 having admitted the execution in the written statement as per Section 17 of the Indian Evidence Act? - (iii)Whether the First Appellate Court was right in holding that there was collusion among D1 to D6, so as to defeat the right of D7, ignoring the oral evidence of P.W.1 and D.W.1, but mainly relying upon Ex.B11 the deposition of D2 herein in a different suit in O.S.No.3073 of 2009? - …
Questions about Section 17
What have the courts held on Section 17 of the Indian Evidence Act?
Ram Pat vs State of Harayana (12 May 2009) is the leading judgment on this section among those set out below: Discussed regarding admissions made by witnesses and their evidentiary value. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2009 to 2012.
How do I find court cases under Section 17 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 17, section 17 IEA, section 17 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Ram Pat vs State of Harayana (12 May 2009).
What should I read with Section 17 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 15 (Admission defined), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 17 of the Indian Evidence Act come into force?
Section 17 of the Indian Evidence Act, cited as IEA 17, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.