Amendment status not verified — confirm the current text below against the official source.
Admissions are relevant and may be proved Proofofad. as against the person who makes them, or hisrepre- 'mis~ion8 sentative in interest; but they cannot be proved by ~~:;~1~:mak. or on behalf of the .persoT' who makes them or by ingthem,an,d h ' ' t t. . . t t ' t . th ~ ]1 . by or 011theIl' IS represen a Ive In In eres, excep In e 10. owIng behalf. cases :- ' . (1.) An admission may be proved by or on be- l' half 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 thirty-two. (2.) An admission may be proved by or on be- half of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant orin issue, made at or abou)ajthe time when such state of mind or body existed,an'd is ac- companied by conduct rendering its falseh,ood ini- probable.'. (3.) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise' than as an admission. E1)iden,ce. ;, . \ \. IZlltst,'ations. (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, :Bmay prove a statement by A that the deed is forgE;Jd;but A cannot prove a statement by himself that the deed is genuine, DOl'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 section thirty-two, clause (two). (c.) A is accused ora crime committed by him at Calcutta. He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore 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 section thirty-two, cl~use (two). . (rl.) A .J') ",oJ .. ..-.. (d.) A is accusedof receiving stolen g'oodsknowing them to he stolen. ., ' He offers to prove that he refused to sell them below their value. A may prove these statements, though they are~dmissions, ?ecause they: 'are explanatory of conduct influenced by facts in Issue.. . (e.) A' is accused of fraudulently having in his ,possession counterfeit coin which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the coin, as he doubted whether it was counterfeit or not, and that that person did examine it and told him it wasgenuine. " A may prove these facts for the reasons stated in the last pre- ceding illustration. 22.. Oral admissions as to the contents of a do.. cument are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such do.. CUlllent under the rules hereinafter contained, or unless the genuineness of a document produced is in question. ' ,