Diffrence Between Admission and Confession
Diffrence Between Admission and Confession
ADMISSION &
CONFESSION
BASIS
FOR
CONFESSION ADMISSION
COMPARI
S
1 Meaning Confession refers to a An admission refers to
formal statement by the acknowledgement
which the accused of a fact under
admits his guilt of a discussion or a material
crime. fact in a lawsuit.
5
Made by Accused Any person
6
Use It always go It can be used on
against the behalf of the person
person making it. making it.
7
Provision Only species of More comprehensive-
admission includes confession
8 Definition Admit in terms of Given in Sec 17 –
substantial facts – equally apply to
guilt/mere confession
acknowledgement not
sufficient
9
Nature Confession is Refers to every
admission of guilt in statement –runs in favor
reference to crime – or not (Sec 21- permits
invariably runs against 3 exceptions)-SELF
the interest of the SERVING/SELF HARMING
accused –
INCULPATORY
1 Condition Sec 29-confession is Under promise of secrecy-not
0
provable even if made relevant
under promise of secrecy
The question was whether the appellant who was a Pakistani national
and was caught alive in Bombay terror attack and was charged with
serious crimes including collecting arms with the intention of waging
war against Government of India, waging and abetting the waging of
war against the Government of India, Commission of the terrorist acts,
criminal conspiracy to commit murder, robbery/decoity with an attempt
to cause death or grievous hurt and causing explosions punishable
under the explosives substances act, 1908, had made the confession
voluntarily
The magistrate asked the appellant when he was brought before
her when he first felt like making a confession. He replied the
thought of making the confession came to him when he was
arrested by the police. He then added that he had absolutely no
regret for whatever he had done. At another stage of
proceedings she once again asked the appellant why he wished
to make the confessional statement. He replied that he wanted
to set an example for others to follow and to become a fidayeen
like him. The supreme court held that he did not make the
confessional statement from any position of weakness or
resignation or out of remorse he was hero in his own eyes and
the confessional statement made by him was voluntary and
truthful
Judicial admissions and extrajudicial
admissions