April 20, 2024

Within the sprawling field of interaction between people, language’s nuances have incredible strength. Of all the words we are able to utilize, “admission” and “confession” belong to those that frequently carry a lot of weight. Although at first look they might appear to be interchangeable, further examination reveals obvious differences regarding their implications, applications and outcomes.       

confession in evidence act

  • Section 24 of the Indian Evidence Act is where the term “Confession” was originally used.  Since this section is named “Admission,” it should be clear that the confessions are only one type of admittance.
  • The term “confession” is not defined specifically under the Indian Evidence Act. However, confessions fall under the Act’s broader meaning of “admission”.

admission in evidence act

  • An admission is a declaration made orally, in writing, or electronically, by any person, according to the guidelines set below, that expresses an opinion regarding any pertinent or in dispute fact.
  • The Indian Evidence Act, Section 17, makes reference to it.

Difference Between Admission and Confession

The difference between confession vs admission are as follows:

In a civil process, a statement made by a party is called an admission.A confession is a declaration made in a criminal trial by a person who is accused of committing a crime.
The term “admission” refers to a voluntary recognition of the reality or veracity of a particular fact.A “statement delivered by an accused person confessing his guilt” is the definition of a “confession.” A confession is a declaration made against him by the person who is being accused of committing a crime.
A civil party’s oral or written declaration is referred to as an “admission” in this context.In a criminal context, an admission of guilt is referred to as a “confession”.
Proof for an admission may be provided by the manufacturer or on their behalf.Confession, however, is never advantageous to the confessor.
An agent may admit something in the regular course of business.Despite the prohibition against an agent admitting guilt against a co-defendant
It is acceptable to admit something either in favour of or against the party making it.Making a confession is never advantageous to the person doing it.
The admission made by one defendant in the lawsuit does not serve as proof against the other defendants.One or more accused in a joint trial for the exact same offense may utilize the other accused’s confession of guilt against them.

case law on admissions and confessions    

  • In the case of Nishi Kant Jha v State of Bihar, the English authorities provided support to the Supreme Court in its argument that there was nothing improper with accepting only a portion of the confessional statement and dismissing the remainder. The Court may rely on the inculpatory portion of the accused person’s comments when there is sufficient evidence to reject the exculpatory part.
  • In the case of Sahoo v the State of U.P, after a while, the recently married woman moved into her husband’s new home, and the accused killed his daughter-in-law. Furthermore, he cried out, “I have finished her,” after killing her daughter-in-law, and several of his neighbours saw him say it. In this case, the court noted that the accused’s words ought to be interpreted as confessions and should be construed as confessional in nature.

admission and confession in the evidence act have a big impact on the legal system, especially in criminal and civil trials. While relevant comments are a part of both admission and confession in law of evidence, they differ in their consequences and qualities.

Admissions cover remarks made in civil actions and have a wider purview. They can be made anywhere, including in front of authorities or while under police custody, and they can be made in favour of or against the party making them. Admissions made by the people concerned or by third parties may or may not constitute conclusive evidence.

On the other hand, statements made during legal processes are specifically called confessions. They demand the admission of guilt or a substantial admission of evidence supporting guilt. Confessions are binding on co-accused parties and are invariably against the interests of the confessing party. These are usually accepted as sufficient proof of the accused’s guilt because they have a higher evidentiary value.

Admission and Confession FAQs

  1. Under what circumstances the confession Cannot be admitted in evidence?

The issue of the voluntariness of a confession was considered by the Supreme Court of India in the case of Nandini Satpathy v. P.L. Dani. The significance of an unreserved and voluntary confession was underscored by the court. It decided that a confession cannot be accepted as evidence if it is determined to be forced.

  • What are the exceptions to the admission of evidence Act?

The following three exclusions are found in Section 21:

  • An admission is relevant and can be used as evidence against the writer and his representative.
  • In general, the manufacturer, his representative in interest, or anyone else cannot prove an admission.
  • Why is admission admissible?

Admissions can be used to prove the veracity of specific facts and can be made voluntarily or involuntarily. A confession must be given freely, free from force, incentive, or pressure, in order for it to be admitted into evidence in court. A confession that is acquired by unethical means could be ruled invalid.

  • Is confession a species of admission?

A particular kind of admission about illegal action is a confession. a declaration made by someone facing criminal charges admitting their guilt. a declaration made by someone admitting certain details or situations. made in a court of law or to a law enforcement official, among other legal settings.

  • Is admission and confession exception to hearsay?

The prohibition against hearsay does not apply to confessions, as it does to all other admissions. The majority of out-of-court statements, whether written or spoken, are generally excluded from consideration under the rules of evidence if they are presented as proof of the veracity of the claims made in them.

  • Who can make admission in evidence?

Any statements made by a party to the action or by an agent acting on behalf of any such party that the Court considers to be explicitly or implicitly permitted by that party to make under the facts of the case are considered admissions.

  • What is the difference between admission and hearsay?

As per the Indian Evidence Act, 1872, the Hearsay rule stipulates that any explicit statement on the fact in question is deemed irrelevant. There are two exceptions to this norm that are frequently contrasted: admission and confession. Admission generally refers to acknowledging the truth of any fact.

  • What are the provisions of confession and admission?
  • Admission often refers to a civil transaction and includes all declarations made by individuals specified in sections 18, 19, and 20 that qualify as admission as defined by section 17.
  • If a confession is given voluntarily and purposefully, it may be taken as the last word on the topics it covers.
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