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| Difference Between Confession and Admission |
Difference Between Confession and Admission in BSA
Difference Between Confession and Admission in BSA has been discussed in this Article. Understanding the key difference between confession and admission in the Evidence Act is very important.
Admission is an Exception to Hearsay Evidence.
Admission is a self-harming statement and Confession is an admission of guilt/offence.
Admission
Admission should be a clear and precise statement.
Admission should not be a vague, unambiguous or unclear statement.
Admission should be in whole and not in parts.
Types of Admission
1. Formal Admission
Formal admissions are judicial admissions and in such a case, there is no need to prove the facts admitted r/w section 58 of IEA
2. Informal Admission
Informal admissions are usually made in casual conversation, unaware of the possibility of it being used in future litigation.
e.g. with friends, family, relatives, neighbours.
3. Admission by Conduct
The statement that is made by the conduct of a person.
For e.g., if a person during an informal interrogation by police ran away from that place this conduct of the person is said to be an admission by conduct.
Rules of Admission
- Admission is a substantive piece of evidence against the person making it.
- The definition of admission under section 15 is not complete. Sections 16 to 18 come in the definition supplementary.
- Admission must be made expressly and not impliedly.
- Admission must be made voluntarily and without any undue influence or coercion
- It can be in the form of judicial or extra-judicial.
Admission made voluntarily before judicial or quasi-judicial authority and statement not retracted before being acted upon by the other party, then it also act as estoppel on the person making it.
Evidentiary Value of Admission
Banarai Das v/s Kashi Ram
The Supreme Court observed that admissions are very weak kind of evidence and the court may reject them if they are untrue.
Rakesh Wadhwar v/s J.I Corporation
The Supreme Court held that the admission is not conclusive proof of the matter admitted unless they operate as estoppel. Therefore, the value of evidence depends on the circumstances under which they are made and also by whom it is made.
Bishwanath Prasad v/s Dwaraka Prasad, 1974
Admissions are substantive evidence by themselves though they are not conclusive proof of the matter admitted.
Admission duly proved is admissible in evidence irrespective of the fact whether the party making them appear as a witness or not.
Confession
- confession must be voluntarily Art 20(3)
- confession is a part of the admission
- Confession is nowhere defined
- Pakala Narayan Swami vs King Emperor- Definition of Confession
- Confession is a statement/admission of guilt
- Admission of all the substantial facts which constitute it.
- All confessions are admissions but all admissions are not confessions
- Inculpatory statement - accepting guilt in result of confession
- Exculpatory statement - not guilty pleaded
Types of Confession
1. Judicial Confession
confession made to the magistrate in due course of a judicial proceeding is admissable 164 crpc
section 164 of crpc, 281, 463 of Crpc confession can be recorded during the investigation
Conviction can be solely based on confession if it is proved that such confession was voluntarily and true and general corroboration to such confession may needed at times.
confession to police 161 crpc no value
2. Extra judicial confession
no conviction on the sole basis of confession it requires corroborative evidence.
State of Madhya Pradesh v/s Paltan Mallah 2005
Supreme Court held that it is a good piece of evidence and there is no harm in relying on such a confession if found trustworthy. However, as a rule of prudence, since extra-judicial confession is not made after taking due precautions it is desired that such confession should be corroborated with other independent evidence.
Pancho v/s State of Haryana 2012
Supreme Court held that extra-judicial confession is a weak kind of evidence and it is prudent for the court to first ascertain whether it inspires confidence and then find out whether there are vital circumstances to support it.
3. Retrated confession
truthfulness/credibility
section 133 crpc
Section 24
Essentials of Confession by Co-accused
That more persons than one accused being tried jointly
The joint trial is permissible by law u/s 211, 224 CrPC (joinder)
The joint trial is for the same offence or its abutment or attempt
The confession must implicate the maker as well as the other accused to the same extent.
Confession must be dully proved against the maker.
Case Laws
Kashmira Singh v/s State of Madhya Pradesh, 1952
Held that confession of co-accused is a weak type of evidence as;
- It is not required to be given on oath
- It cannot be tested by cross-examination
| Confession | Admission |
| A confession is a statement made by an accused person before the Magistrate to accept his guilt of a crime. | Admission is a statement suggesting an inference as to any fact in issue or relevant fact. |
| If a statement is made by a person charged with an offence, then in the criminal proceeding, it is called as a Confession. | If a statement is made by a person in a Civil court proceeding it will be called an Admission. |
| Confession is not defined in the BSA. | Admission is defined under section 15 of the BSA. |
| Applicable to criminal proceedings only. | Apply to both civil and criminal proceedings. |
| A confession can only be made by the accused person. | Admission can be made by any person. |
| Confession is written or oral, which is a direct admission of fact. | Admission is a statement written or oral, that gives inference about the liability of the person making the admission. |
| Once a confession is given by the accused, it will always go against him. | Admission may be used on behalf of the person making it. |
| There is a retracted confession, so retraction is possible. | Once admission is made can't be retracted. |
| A confession can be made before the Magistrate. | Admission can be made anywhere, including police custody. |
| In confession, it is mandatory that the accused person must admit the guilt of a crime. | In admission, no specific requirements for admission. |
| Confession is viewed as satisfactory proof of guilt. | Admission is not considered conclusive proof. |
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