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Indian Evidence Act

  • 27 Nov, 2023

  • 1218 Views

Difference between Admission and Confession

Admission

Confession

If a statement is made by a party in civil proceeding it will be called as admission.

If a statement made by a party charged with crime, in criminal proceeding, it is called as a confession.

The expression ‘Admission’ means “voluntary acknowledgement of the existence or truth of a particular fact.

The expression ‘Confession’ means “a statement made by an accused admitting his guilt. If a person accused of an offense makes a statement against himself, it is called confession.

An admission is genus.

Confession is specie. Hence all confessions are admissions but all admissions are not confessions.

An admission is not conclusive proof of the matters admitted and is always rebuttable.

A confession, if voluntarily and free, may in the discretion of the judge or magistrate, by itself be accepted as conclusive proof of matters confessed.

Confession alone is sufficient to warrant

a conviction.

An admission may go against the party making it. It may be proved by or behalf of the person making it.

Confession always goes against the person making it.

An admission may be made by an agent in course of business.

An agent can never make the confession of an offense against a co-defendant.

Admission by one of the several defendants in suit is not evidence against other defendants.

Confession made by co accused in a joint trial can be taken into consideration against the co-accused.
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