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Difference Between Admission and Confession
Admission and Confession are parts of legal proceedings especially in a court of law as they are rules of evidence which plays the most significant part in establishing the claims of the parties concerned. Admission and Confession are basically statements of individuals in which they admit a particular fact which has an important bearing on the subject-matter of a case no matter whether it’s civil or criminal. Though they both are evidence however not all evidence is admissible, thus, only those which are acquired after a due compliance of the legal procedure and relevant to the case, are admitted in the court.
Moreover, there is an admission in every confession although not every confession is an admission. Further, there are several laws which govern the method and process which makes a statement a piece of evidence.
What is the meaning of Admission?
Section 17 of the Indian Evidence Act, 1872 explains admission as a statement which suggests an inference as to a fact in issue or relevant fact under the prescribed circumstances as to make it admissible evidence. It means that when a statement makes a reference to a fact relevant for determining the rights and liabilities of parties in a case then it becomes evidence which would be admissible in the court. Hence, it’s not just the truth but the person who makes it and the subject of the statement as well is also crucial to determine whether it is an admission or not.
Admission is used in both civil and criminal proceedings and they act as estoppel, meaning thereby, if something is once accepted by someone, it cannot be denied thereafter. Also, admission can be made to any person
What is the meaning of Confession?
Confession is a statement of an accused in a criminal case in which he or she admits his or her guilt. Confessions are relevant only when the accused acknowledges the offence for which he or she is charged and only those confessions are admissible in a court of law which are made before a Magistrate either judicial or metropolitan. Additionally, the confession must be made before the initiation of the trial as afterwards the confession can only be made before the trial court.
Further, the Code of criminal procedure bars confessions given to police officers from being used as evidence under Section 24 due to the presumption of non-reliability of the methods used for acquiring the confession by police personnels. However, under certain circumstances the confessions given to police becomes admissible if it has caused a discovery during investigation and was made without any fear or injury or threat.
Difference Between Admission and Confession
The table provided below illustrates the significant differences between Admission and Confession −
Basis |
Admission |
Confession |
|---|---|---|
Definition |
Admission is a statement of a person in which a fact is admitted. |
Confession is the admission of guilt by an accused person. |
Purpose |
Admissions are used to determine the rights and liabilities of parties in a matter. |
Confession is used to establish the guilt of the accused in the trial proceedings. |
Proceedings |
Used as evidence in both civil and criminal proceedings. |
Only criminal proceedings. |
Maker |
Any person can make an admission. |
Only an Accused person can make a confession. |
Authority to Record |
An admission can be made before any person. |
A confession must be made before a magistrate or a duly authorized police officer. |
Usage |
Admission is used to prove a fact and does not always incriminate the maker. |
Confession incriminates the accused for committing the offence as admitted. |
Evidence |
Admission can be used against any person. |
Confession can only be used against its maker. |
Power Of Maker |
Admissions can be made either voluntary or involuntary. |
Confessions can only be made voluntary as involuntary confessions are inadmissible. |
Recording |
Admissions can be recorded either orally or in writing. |
The CrPC and IEA mandates that confessions need to be recorded in writing. |
Degree Of Proof |
Admissions are not conclusive proof of the fact which are admitted and do not form the basis of a judgment. |
Confessions are conclusive and substantial proof of the guilt of the accused and can be made the basis of conviction. |
Conclusion
Admission and Confession both are evidence though of absolutely different types as not only they are used for different purposes but also the method and content of the admittance is also varied from each other. Although, both are essential in court proceedings for deciding the issue involved in the matter and plays a significant role in the administration of justice in civil and criminal cases.
Frequently Asked Questions
What is the difference between evidence and admission?
As described in Sections 17 to 23, admissions are merely one type of evidence, per Section 31. Unlike judicial admissions, they do not provide absolute proof of the facts acknowledged; rather, they may serve as estoppels under Sections 115 to 117 of the Act.
What is the difference between confession and admission?
Direct admission of the subject or facts of the case is referred to as a confession and might take the form of an oral or written statement. When someone admits any facts or material, whether orally or in writing, it is determined to what extent they are responsible.
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