34. Proof of admissions against persons making them, and by or on this
behalf. Admissions are relevant and may be proved as against the person who makes
them, or his representative in interest; but they cannot be proved by or on behalf of the
person who makes them or by his representative in interest, except in the following
cases: —
(1) An admission may be proved by or on behalf 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 Article 46.
(2) An admission may be proved by or on behalf of the person making it, when it
consist of a statement of the existence of any state of mind or body, relevant or in issue,
made at or about the time when such state of mind or body existed, and is accompanied
by conduct rendering its falsehood improbable.
(3) An admission may be proved by or on behalf of the person making it, if it is
relevant otherwise than as an admission.
Illustrations
(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 B may prove a
statement by A that the deed is forged ; but A cannot prove a statement by
himself that the deed is genuine, nor 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 Article 46 paragraph (2).
(c) A is accused of a crime committed by him at Peshawar.
He produces a letter written by himself and dated at Lahore on that day, and
bearing the Lahore postmarks of that day.
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