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An admission is distinct from the former statement of a witness which is citied to contradict him. An admission can be proved without confronting the maker with his earlier statements. There is a cardinal distinction between a party who is the author of prior statement and a witness who is examined and is sought to be discredited by the use of his prior statement.
Select the correct statements by using the code –
i. In the former case, an admission by a party is substantive evidence if it fulfills the requirements of section 21 of the Act.
ii. In the later case, a prior statement is used to discredit the credibility of the witness and does not become substantive evidence.
iii. In the former case, there is not necessary requirement of the statement containing the admission having to be put to the party because it is evidence proprio vigore.
iv. In the later case, the court cannot be invited to disbelieve a witness on the strength of the prior contradictory statement unless it has been put to him, as required by section 145 of the Act.
v. In the former case, there is a necessary requirement of a statement containing the admission having to be put to the party because it is not evidence proprio vigoure.
vi. In the later case, the court can be invited to disbelieve a witness on the strength of the prior contradictory statement unless it has not been put to him, as required by section 145 of the Act.
(i), (ii), (iii), (vi)
(i), (ii), (iii), (iv)
(i), (ii), (iv), (v)
(i), (ii), (v), (vi)
“An admission can be proved without confronting the maker with his earlier statements” - held by Hon’ble Mr. Justice Krishna Ayer in - Biswanath vs. Dwarka AIR 1974 S.C. 117.
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