Section 9
Facts Expressed By The Party
(1) Any fact expressed by the party to a case may be taken as evidence against him/her.
(2) Notwithstanding anything contained in Sub- section (1),
(a) The fact expressed by the accused of a criminal case, in a place other than the court regarding the charge made against him/her, may be
taken as evidence, when the court finds it as following-
(1) At the time of expression, the accused was conscious and in a position to understand what he/she did or expressed.
(2) The fact was not expressed putting pressure on him/her or with torture to him/her or with a threat to torture to him/her or
any other person or putting him/her in a condition to express the fact against his / her will.
(3) The public official, while conducting a process had not given any threat or promise in relation to any charge, by which there was a possibility of expressing any untrue fact and he /she had reasonably believed that such official had a power and authority to implement the threat or the promise.
(b) Any fact, mentioned in from Clause (a) to (d) of Section 12 and any other fact which may be taken as evidence under any of the Sections
of this Chapter, may be taken as an evidence even in his/her favour although it was expressed by him/herself, if he/she so desires.
(c) A fact accepted by a person for the purpose of reaching to a compromise, by giving up any claim as a whole or in part or agreeing
to pay any amount or to provide any service to any other person, may not be taken as an evidence against that person.
(3) For the purpose of this Section, the following facts expressed by the following persons shall be considered to have been expressed by the party
him/herself:-
(a) The fact expressed by the attorney (waris) of the party or by the representative of the party to a case, in the capacity of an attorney or
a representative, pursuant to prevailing law,
(b) Any fact expressed by a person so authorized to act upon on behalf of the party till such authority remains valid and up to the scope of
the authority,
(c) Any fact expressed by a person on such matter he/she deserves ownership or economic interest till such ownership or interest is
valid and before the party to the case gets any right in the subject matter of the case,
(d) Any fact expressed by a person regarding the subject matter of the case on which there was a joint ownership or economic interest
between such person and party to the case.
(2) Notwithstanding anything contained in Sub- section (1),
(a) The fact expressed by the accused of a criminal case, in a place other than the court regarding the charge made against him/her, may be
taken as evidence, when the court finds it as following-
(1) At the time of expression, the accused was conscious and in a position to understand what he/she did or expressed.
(2) The fact was not expressed putting pressure on him/her or with torture to him/her or with a threat to torture to him/her or
any other person or putting him/her in a condition to express the fact against his / her will.
(3) The public official, while conducting a process had not given any threat or promise in relation to any charge, by which there was a possibility of expressing any untrue fact and he /she had reasonably believed that such official had a power and authority to implement the threat or the promise.
(b) Any fact, mentioned in from Clause (a) to (d) of Section 12 and any other fact which may be taken as evidence under any of the Sections
of this Chapter, may be taken as an evidence even in his/her favour although it was expressed by him/herself, if he/she so desires.
(c) A fact accepted by a person for the purpose of reaching to a compromise, by giving up any claim as a whole or in part or agreeing
to pay any amount or to provide any service to any other person, may not be taken as an evidence against that person.
(3) For the purpose of this Section, the following facts expressed by the following persons shall be considered to have been expressed by the party
him/herself:-
(a) The fact expressed by the attorney (waris) of the party or by the representative of the party to a case, in the capacity of an attorney or
a representative, pursuant to prevailing law,
(b) Any fact expressed by a person so authorized to act upon on behalf of the party till such authority remains valid and up to the scope of
the authority,
(c) Any fact expressed by a person on such matter he/she deserves ownership or economic interest till such ownership or interest is
valid and before the party to the case gets any right in the subject matter of the case,
(d) Any fact expressed by a person regarding the subject matter of the case on which there was a joint ownership or economic interest
between such person and party to the case.