DISTINCTION BETWEEN ADMISSION AND CONFESSION

X======= ADMISSION ========X

1) These are the statements oral/ documentary) which suggest any inference to a fact in issue or a relevant fact and which is made by any of the persons mentioned under section 18,19.20 of the Act.

2) Admissions are generally in the Civil proceedings but may also be used in Criminal proceedings.

3) Admissions are a mere acknowledgement of a fact which suggest an inference to a fact in issue or a relevant fact.

4) An admission could be inclupatory or exculpatory in nature. Which means that it could run in the favor of the person making it or against him.

5) An Admission made to a police officer, or in custody of police officer or under any inducement or in promise of secrecy would stand relevant.

6)An admission is not a conclusive proof of the fact admitted which means that can be rebutted unless they operate as estoppel.

7) An admission by a co-plaintiff or a co- defendant are not an evidence against others.

8)In admissions the statements given by a person not a party to the case can be an admission against parties.Section 99 of the Indian Evidence Act states that evidence could be given by a third person not a party to the case when his interest is affected due to the contemporaneous agreement varying the terms of the contract.

X========= CONFESSION=========X

1)Confession is no where defined in the Indian Evidence Act, however a confession could be said as a statement (Oral/documentary) which suggest an inference to a fact in issue or a relevant fact in case of crime.

2) Confessions find place in Criminal proceedings only.

3) Confession is an admission .But every admission is not a confession.

4)A confession is an admission of the guilt and it always runs against the interest of the person making it.

5) A confession made to a police officer, or under a police custody, or inducement of threat by a person in authority all stand irrelevant as the provisions of section 24,25 and 26 of the Act are attracted.

6) A confession is considered a satisfactory piece of evidence however the court may corroborate such evidences as a rule of prudence.

7)A confession made by an accused in a joint trial is relevant against all the co - accused.(Sec 30 of the Act to be referred)

8)A Confession must admit in terms of the offence all the facts which constitute such offence.

This was a small initiative from my side to help you know more about different concepts of law.Hope this was helpful.

Maitreyi Raghuraman