Discuss with reasons the following given cases under the Indian Evidence Act, 1872: A sells his horse to B. B asks 'Is horse sound?', A says to B "Go and ask C, C knows all about it". C says 'Horse is sound', Statement b
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
Discuss with reasons the following given cases under the Indian Evidence Act, 1872: A sells his horse to B. B asks 'Is horse sound?', A says to B "Go and ask C, C knows all about it". C says 'Horse is sound', Statement by C is confession or admission ?
Answer & Explanation:
Section 17 of the Indian Evidence Act, 1872 provides that 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, mentioned in Indian Evidence Act, 1872. An admission may be made by a party, by the agent or predecessor-in-interest of a party, by a person having joint propriety of pecuniary interest in the subject matter according to Section 18 or by a "reference" according to Section 20. Section 20 of Indian Evidence Act, 1872 provides statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration to section 20 provides as under: A says to B—"Go and ask C, C knows all about it". C's statement is an admission. In view of the above it can be said that Statement of C that 'Horse if Sound' is admission.
Topics: Indian Evidence Act
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