Supreme Court of India

Bharat Singh v Bhagirathi

AIR 1966 SC 40519661 min read
The case in brief30-second read
Facts
In a succession dispute, statements amounting to admissions by a party were relied on against him though he was not confronted with them when he gave evidence.
Issue
Whether an admission can be used against its maker as substantive evidence when he was not confronted with it in the witness box.
Held
An admission duly proved is substantive evidence under Ss.17 and 21 of the Evidence Act and can be used against the maker even if he was not confronted with it; confrontation under S.145 is needed only to contradict a witness. The admission must be clear and its weight is for the court.
Principle
Admissions are substantive evidence against the maker and need not first be put to him in cross-examination.

Facts

  • In a succession dispute, statements amounting to admissions by a party were relied on against him though he was not confronted with them when he gave evidence.

Issue

  1. Whether an admission can be used against its maker as substantive evidence when he was not confronted with it in the witness box.

Held

  • An admission duly proved is substantive evidence under Ss.17 and 21 of the Evidence Act and can be used against the maker even if he was not confronted with it; confrontation under S.145 is needed only to contradict a witness. The admission must be clear and its weight is for the court.

Cite this

Citation

Bharat Singh v Bhagirathi AIR 1966 SC 405

Reported: https://api.sci.gov.in/jonew/judis/2907.pdf ; https://indiankanoon.org/doc/507283/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.