December 16, 2022

Admission refers to accepting a fact as true. It implies that the maker is accountable for their statements.

A confession is a statement that the accused in a proceeding  makes that explicitly admits guilt. This is predicated on the idea that no one will intentionally admit to committing a crime.

Law on Confession:

The Indian Evidence Act, 1872 specifies the instances in which a confession will be relevant but does not describe confession. Instead, it outlines the requirements that must be met for a confession to be accepted as evidence. A confession will only be considered relevant under Section 24 of the Act if it was not obtained by intimidation or encouragement from the officials. In accordance with this concept, Section 25 states that a confession given to the police while the accused is in their custody shall not be taken into consideration but once the inducement or threat or fear is overcome, then it’s admissibility can be proven.

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Law on Admission

According to Section 17 of the Act, an admission is “any statement, whether oral, written, or contained in electronic means, which indicates any inference as to any matter or fact  in issue or relevant fact, and which is made by any of the individuals,. ” While a voluntary acceptance of a fact is also referred to as admission, the definition is far broader than that of confession. A statement made by a party to the proceeding or their representative is considered an admission under Section 18. As a result, anyone, not only the accused, may make one.

The key distinctions between confession and admission are as follows:

  • A confession is a voluntarily made declaration in which the accused confesses their guilt. Whereas, an admission is a voluntarily made acknowledgment of a pertinent fact or a fact at question.
  • Only the one  who is accused can confess. Whereas, any party to the proceedings of   a matter, their representative, and in some cases third parties as well, may make an admission.
  • Only in criminal proceedings confession is allowed. Whereas, in both civil and criminal proceedings, admissions can be made.

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