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Monday, April 6, 2015

sec. 40,41,42 of Indian Evidence Act - admissions made in earlier criminal proceedings is admissible in evidence - Apex court held that It is now almost well-settled that, save and except for Section 43 of the Indian Evidence Act which refers to Sections 40, 41, and 42 thereof, a judgment of a criminal court shall not be admissible in a civil suit. What, however, would be admissible is the admission made by a party in a previous proceeding. The admission of the appellant was recorded in writing. -2015 S.C.(2009) MSKLAWREPORTS



Whether the admission of guilt in criminal case in respect of some transaction made by respondent is admissible in the present case to the extent of fact that there was transaction between the parties?

 Respondent examined himself as a witness in the suit. 
He stated that the appellant being his cousin brother, no document was executed.
He also testified that in the criminal case, appellant having admitted his crime and 7 pledge of jewellery with him, a fine of Rs. 150/- was imposed and on in default thereof, imprisonment of five days was ordered.

 Indisputably, the judgment in the criminal case was marked as an exhibit.

 It is now almost well-settled that, save and except for Section 43 of the Indian Evidence Act which refers to Sections 40, 41, and 42 thereof, a judgment of a criminal court shall not be admissible in a civil suit.

What, however, would be admissible is the admission made by a party in a previous proceeding. The admission of the appellant was recorded in writing. While he was deposing in the suit, he was confronted with the question as to whether he had admitted his guilt and pleaded guilty of the charges framed.2015 S.C.(2009) MSKLAWREPORTS

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