Admission
Section 18 of the Indian Evidence Act, 1872 deals with admission. by party to proceeding or his agent. –– Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
by party to proceeding or his agent. –– Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. by suitor in representative character. –– Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. Statements made by –– (1) by party interested in subject-matter.–– persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or (2) by person from whom interest derived.–– persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.
Section 18, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 16 Admission by party to proceeding or his agent Close, with changes 84%
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 The repealed enactment still governs what happened while it was in force.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.
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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… The question whether a suggestion given by the counsel on behalf of the accused can be considered as an admission and bind the accused under Section 18 of Indian Evidence Act came before the Supreme Court in Koli Trikam Jivraj (supra), where it was held as under:— > "18. Therefore, the accused is entitled to the benefit of the plea set up by the lawyer but it cannot be said that the plea or defence which his lawyer puts forward must bind the accused. The …
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… 25.05.1965 and the revenue entries up to 2009 were produced, the trial Court did not take pain to refer to that; ii) They were all old documents which show the title and possession of the plaintiffs and have presumptive value; iii) The trial Court overlooked such admission in the mortgage deeds of 1965 and Section 18 of the Indian Evidence Act, 1872; iv) Subsequent mutation entries, the gift deeds, suits and compromise decrees between the defendants and their siblings are collusive and do not bind plaintiffs. The orders suffer perversity, arbitrariness and capriciousness. 17. Per contra, Sri V.B Siddaramaiah, learned …
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… The specific case of defendants 1 and 2 is that the second schedule property belonged to them. The third schedule property is only in possession and enjoyment of the plaintiffs/appellants herein. As rightly pointed out by the learned counsel appearing for the appellants, as per Section 18 of the Indian Evidence Act, statements made by a party to the proceeding or by an agent to any such party can be taken as an admission. In the case on hand, the defendants did not enter into the witness box to controvert the averments made in Ex.A.4 plaint. Interest of justice obviously required that going by the …
Questions about Section 18
What does Section 18 of the Indian Evidence Act deal with?
Section 18 of the Indian Evidence Act is headed "Admission". by party to proceeding or his agent. –– Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions.
How do I find court cases under Section 18 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 18, section 18 IEA, section 18 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 18 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 16 (Admission by party to proceeding or his agent), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 18 of the Indian Evidence Act come into force?
Section 18 of the Indian Evidence Act, cited as IEA 18, 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.