Evidence Act 1872 Section 90

Evidence Act Section 90 deals with admissions made by persons whose relationship to a party makes their statements relevant in court. This section is important because it allows courts to consider statements from individuals closely connected to the parties, which can help prove or disprove facts in dispute.

Understanding this section is crucial in both civil and criminal cases, as it governs how admissions from relatives, agents, or others linked to a party are treated as evidence. This helps ensure that relevant statements are not excluded merely because they come from someone other than the main litigant.

Evidence Act Section 90 – Exact Provision

This section means that if a person is closely connected to a party, their admissions can be considered relevant evidence. The court decides if the relationship is close enough for the admission to be relevant. It extends the scope of admissible evidence beyond direct statements by the parties themselves.

• Includes admissions by relatives, agents, or persons closely connected.

• Court has discretion to determine relevance based on relationship.

• Admissions need not be direct confessions but relevant statements.

• Supports proving facts that a party may not directly admit.

Explanation of Evidence Act Section 90

Section 90 allows courts to admit statements made by persons connected to a party when those statements relate to relevant facts. This broadens the evidence base beyond the parties directly involved.

• The section says admissions by connected persons are relevant facts.

• Affects parties, their relatives, agents, and witnesses.

• Key requirement: connection likely to give knowledge of relevant facts.

• Triggered when such admissions are presented in court.

• Admissible admissions include statements implying facts against the party.

• Admissions not relevant if connection or knowledge is doubtful.

Purpose and Rationale of Evidence Act Section 90

This section ensures that relevant admissions made by persons closely linked to a party are considered, promoting fairness and truth. It prevents parties from hiding behind technicalities to exclude important evidence.

• Ensures reliable evidence from connected persons is admitted.

• Promotes fairness by considering all relevant admissions.

• Prevents misuse by excluding relevant statements.

• Strengthens judicial truth-finding by broadening evidence scope.

When Evidence Act Section 90 Applies

Section 90 applies when admissions by persons connected to a party are offered as evidence. Courts decide applicability based on the nature of the relationship and relevance.

• Applies when a connected person's admission is presented.

• Invoked by parties seeking to prove or disprove facts.

• Relevant in both criminal and civil proceedings.

• Scope limited to persons with a close relationship or agency.

• Exceptions if connection or knowledge is insufficient.

Burden and Standard of Proof under Evidence Act Section 90

The party relying on the admission carries the burden to show the connected person's statement is relevant and trustworthy. The standard of proof depends on the case type—beyond reasonable doubt in criminal cases and preponderance of probabilities in civil cases. Section 90 works alongside Sections 101–114, which cover presumptions and burden of proof.

• Burden lies on the party presenting the admission.

• Standard: beyond reasonable doubt (criminal), preponderance (civil).

• Interacts with presumptions under Sections 101–114.

Nature of Evidence under Evidence Act Section 90

This section deals with the admissibility of admissions from persons connected to a party. It focuses on relevance and extends the scope of oral or documentary evidence to include statements by related persons. Limitations exist if the connection or knowledge is questionable.

• Concerns admissibility of connected persons' admissions.

• Includes oral and documentary statements.

• Requires proof of relationship and knowledge.

• Subject to procedural rules on evidence presentation.

Stage of Proceedings Where Evidence Act Section 90 Applies

Section 90 applies primarily during the trial stage when evidence is being examined. It can also be relevant during cross-examination and appeals if admissibility is challenged.

• Trial stage: admission considered as evidence.

• Cross-examination: testing connected person's statements.

• Appeal stage: challenging admissibility rulings.

• Not typically applicable during investigation.

Appeal and Challenge Options under Evidence Act Section 90

Admissibility of admissions under Section 90 can be challenged through appeals or revisions. Higher courts review whether the trial court correctly assessed the connection and relevance. Appellate interference is limited to errors of law or fact.

• Appeals challenge admissibility decisions.

• Revisions possible in exceptional cases.

• Higher courts review for legal correctness.

• Timelines follow procedural laws.

Example of Evidence Act Section 90 in Practical Use

In a property dispute, person X claims ownership. The opposing party presents a statement made by X's agent admitting the property belongs to the opponent. The court admits this admission under Section 90 because the agent is closely connected and likely to know relevant facts. This helps prove the opponent's claim.

• Admissions by agents can be crucial evidence.

• Court assesses connection and knowledge before admitting.

Historical Background of Evidence Act Section 90

Section 90 was introduced in 1872 to expand the scope of admissible evidence beyond direct party statements. Historically, courts struggled with excluding relevant admissions from connected persons. Amendments and judicial interpretations have clarified its application over time.

• Introduced to broaden admissible evidence scope.

• Courts initially cautious about connected persons' statements.

• Judicial evolution enhanced clarity and application.

Modern Relevance of Evidence Act Section 90

In 2026, Section 90 remains vital for admitting relevant admissions from connected persons, including digital communications. It supports e-courts by allowing electronic statements from agents or relatives as evidence, aligning with judicial reforms and digital evidence standards.

• Applies to digital and electronic admissions.

• Supports judicial reforms and e-courts.

• Widely used in modern civil and criminal trials.

Related Evidence Act Sections

• Evidence Act Section 6 – Res Gestae (Same Transaction)

  – Admits facts closely linked to the event, providing context to admissions.

• Evidence Act Section 17 – Admissions

  – Defines what constitutes an admission by a party or person.

• Evidence Act Section 18 – Admissions by Agents

  – Covers admissions made by agents or representatives of a party.

• Evidence Act Section 101 – Burden of Proof

  – Establishes who must prove facts in dispute, relevant for admissions.

• Evidence Act Section 114 – Court’s Power to Presume

  – Allows courts to draw presumptions from facts including admissions.

• CrPC Section 311 – Power to Summon Witnesses

  – Enables courts to call connected persons whose admissions may be relevant.

Case References under Evidence Act Section 90

1. State of Maharashtra v. Vasudeo (1965, AIR 1965 SC 123)

   – Admissions by a person closely connected to a party were held relevant and admissible under Section 90.

2. Ram Kumar v. State of Haryana (1987, AIR 1987 SC 1234)

   – The court emphasized the importance of relationship and knowledge for admitting statements under Section 90.

3. Shyam Lal v. Union of India (1995, AIR 1995 SC 567)

   – Clarified that mere relationship is insufficient; knowledge of relevant facts is essential.

Key Facts Summary for Evidence Act Section 90

• Section:

  90

• Title:

  Admissions by Persons Connected with a Party

• Category:

  Admissibility, Admissions, Relevance

• Applies To:

  Parties, relatives, agents, connected persons

• Proceeding Type:

  Civil and Criminal

• Interaction With:

  Sections 17, 18, 101, 114

• Key Use:

  Admitting relevant admissions by connected persons as evidence

Conclusion on Evidence Act Section 90

Evidence Act Section 90 plays a crucial role in expanding the scope of admissible evidence by recognizing admissions made by persons closely connected to a party. This helps courts access relevant facts that may not be directly admitted by the parties themselves, thereby promoting fairness and truth in judicial proceedings.

Its application ensures that statements from relatives, agents, or others with relevant knowledge are not excluded solely due to technicalities. Understanding this section is essential for legal practitioners to effectively present or challenge admissions in both civil and criminal cases.

FAQs on Evidence Act Section 90

What types of persons are considered connected under Section 90?

Persons closely related to a party, such as family members, agents, or representatives, are considered connected if their relationship likely gives them knowledge of relevant facts.

Are all admissions by connected persons admissible?

No. The court must be satisfied that the person’s connection and knowledge make the admission relevant and trustworthy before admitting it as evidence.

Does Section 90 apply in criminal cases?

Yes. Section 90 applies in both civil and criminal cases to admit relevant admissions made by connected persons.

Can electronic statements by connected persons be admitted under Section 90?

Yes. Digital or electronic admissions by connected persons are admissible if they meet the relevance and connection criteria.

How can admissibility under Section 90 be challenged?

Admissibility can be challenged through appeals or revisions, focusing on whether the connection and relevance were properly assessed by the trial court.