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Report No. 185

15. Substitution of section 23.-

For section 23 of the principal Act, the following section shall be substituted, namely:-

"23 Admission in civil cases when relevant,- (1) In civil cases, no admission is relevant:

(a) if it is made either upon an express condition that evidence of it is not to be given; or

(b) if it is made for the purposes of or in the course of a settlement of compromise of a disputed claim; or

(c) under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given, unless the party who made the admission and the party in whose favour the admission is made agree that evidence be given, or evidence as to the admission becomes necessary to ascertain if there was at all a settlement or compromise or to explain any delay where a question of delay is raised;

(2) Such an admission which is not relevant under sub-section (1) may be relevant in so far as it touches upon an issue between the person who made the admission and a third party to the admission.

(3) Nothing in this section shall exempt;

(a) any legal practitioner from giving evidence of any matter of which he may be compelled to give evidence under section 126; or

(b) a person who made a publication, from giving evidence of any matter of which he may be required to give evidence under section 132 A.

Explanation I.- 'legal practitioner' as used in this section shall have the meaning assigned to it in Explanation 2 to section 126.

Explanation II.- 'publication' as used in this section shall have the meaning assigned to it in para (a) of the Explanation to section 132 A."



Review of the Indian Evidence Act, 1872 Back




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