Admissions and Confessions Both are used as sources of evidence & also the most two very important concepts used in law of evidence by lawyers to strengthen their cases in the eyes of the jury.
Though there are many similarities in the two concepts, there are certain key points that keep confession distinct from admission that will be highlighted in this article.
Difference between Admission & Confession are as follows:
_
(1) An admission , is a general term the acknowledgment which suggests an inference as to any fact in issue or any relevant fact.
whereas, A confession is a statement made by an accused person admitting that he has committed an offence or involvement in an act of crime or wrong doing.
(2) Admission as a source of evidence is mostly used in civil proceedings besides may also be used in criminal proceedings.
Whereas, Confessions find place in criminal proceedings only.
(3) Every confession is an admission,
but every admission in a criminal case is not a confession.
(4) A statement may be
irrelevant as a confession,
but it may be relevant as an admission.
A statement not admissible as a
confession may yet, for other purposes, be admissible as an admission as against the person who made it.
(Section 21)
(5) An admission is not a conclusive proof of the matters admitted, though it may
operate as an estoppel.
whereas a confession, if deliberately and voluntarily made, may be accepted as evidence in itself of the matters confessed, though as a rule of prudence, the Courts may require corroborative evidence.
(6) An admission,may be used on behalf of the person making it under the exceptions provided in Sec.21; but an admission by one of several defendants in a suit is no evidence against another defendant.
whereas, A confession, on the contrary, always goes against the person making it, except under section 30, under which the confession of one or more accused jointly tried for the offence can be taken into consideration against the co-accused.
(7) An admission is admissible under section 17 to 23 & 31 of the Evidence Act 1872,
whereas, A confession is admissible under section 24 to 26 of the Evidence Act 1872 .
(8) An admission may be made to any person out side of the court
whereas ,a confession must be made before the Judicial Magistrate or infront of the court . except circumstances mentioned in the section 27 of the evidence act 1872
(9) An admission is the
species
but confession is the sub- species or genus.
(10) An admission of guilt by a person to a police officer may be proved in civil proceeding.
whereas, A Confession of guilt by a accused person to a police officer can not be proved in criminal proceeding .
(11) An admission can ne given six class of person as mentioned section, 18-19-20 of the evidence act 1872
whereas, a confession can only given by the accused person.
(12) An Admission is exculpatory.
whereas,
But a Confession may be of both kinds i.e. oral or documentary.
(13) An accused can retract from confession made earlier,
but retraction from admission is not possible.
By -
M.R.Wazed Chowdhury(Raihan)
Studying LL.B(Hon's) at
International Islamic University Chittagong (IIUC)
Though there are many similarities in the two concepts, there are certain key points that keep confession distinct from admission that will be highlighted in this article.
Difference between Admission & Confession are as follows:
_
(1) An admission , is a general term the acknowledgment which suggests an inference as to any fact in issue or any relevant fact.
whereas, A confession is a statement made by an accused person admitting that he has committed an offence or involvement in an act of crime or wrong doing.
(2) Admission as a source of evidence is mostly used in civil proceedings besides may also be used in criminal proceedings.
Whereas, Confessions find place in criminal proceedings only.
(3) Every confession is an admission,
but every admission in a criminal case is not a confession.
(4) A statement may be
irrelevant as a confession,
but it may be relevant as an admission.
A statement not admissible as a
confession may yet, for other purposes, be admissible as an admission as against the person who made it.
(Section 21)
(5) An admission is not a conclusive proof of the matters admitted, though it may
operate as an estoppel.
whereas a confession, if deliberately and voluntarily made, may be accepted as evidence in itself of the matters confessed, though as a rule of prudence, the Courts may require corroborative evidence.
(6) An admission,may be used on behalf of the person making it under the exceptions provided in Sec.21; but an admission by one of several defendants in a suit is no evidence against another defendant.
whereas, A confession, on the contrary, always goes against the person making it, except under section 30, under which the confession of one or more accused jointly tried for the offence can be taken into consideration against the co-accused.
(7) An admission is admissible under section 17 to 23 & 31 of the Evidence Act 1872,
whereas, A confession is admissible under section 24 to 26 of the Evidence Act 1872 .
(8) An admission may be made to any person out side of the court
whereas ,a confession must be made before the Judicial Magistrate or infront of the court . except circumstances mentioned in the section 27 of the evidence act 1872
(9) An admission is the
species
but confession is the sub- species or genus.
(10) An admission of guilt by a person to a police officer may be proved in civil proceeding.
whereas, A Confession of guilt by a accused person to a police officer can not be proved in criminal proceeding .
(11) An admission can ne given six class of person as mentioned section, 18-19-20 of the evidence act 1872
whereas, a confession can only given by the accused person.
(12) An Admission is exculpatory.
whereas,
But a Confession may be of both kinds i.e. oral or documentary.
(13) An accused can retract from confession made earlier,
but retraction from admission is not possible.
By -
M.R.Wazed Chowdhury(Raihan)
Studying LL.B(Hon's) at
International Islamic University Chittagong (IIUC)
