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S. 23. Admissions in civil cases, when relevant .—In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.—Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126. This provision under Evidence Act specifically talks about relevancy of admission in civil cases only. It says that admission if based on a prior mutual agreement of parties to not give evidence on the point, is given before court it will not be relevant. This kind of principle can only be applied in Civil cases and not in criminal cases as it involves investigation of an offence against a person but it affects the society at large and is not a private affair.
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