Proof of admissions against persons making them, and by or on their behalf .—Admissions
are relevant and may be proved as against the person who makes them, or his representative in interest;
but they cannot be proved by or on behalf of the person who makes them or by his representative in
interest, except in the following cases, namely:—
(1) an admission may be proved by or on behalf of the person making it, when it is of such a
nature that, if the person making it were dead, it would be relevant as between third persons under
section 26;
(2) an admission may be proved by or on behalf of the person making it, when it consists of a
statement of the existence of any state of mind or body, relevant or in issue, made at or about the time
when such state of mind or body existed, and is accompanied by conduct rendering its falsehood
improbable;
(3) an admission may be proved by or on behalf of the person making it, if it is relevant
otherwise than as an admission.
Illustrations.
(a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is
genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a
statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine,
nor can B prove a statement by himself that the deed is forged.
(b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was
taken out of her proper course. A produces a book kept by him in the ordinary course of his business
showing observations alleged to have been taken by him from day to day, and indicating that the ship was
not taken out of her proper course. A may prove these statements, because they would be admissible
between third parties, if he were dead, under clause (b) of section 26.
(c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and
dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of
the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26.
(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he
refused to sell them below their value. A may prove these statements, though they are admissions,
because they are explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be
counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted
whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may
prove these facts.