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Diffrence Between Admission and Confession

The document outlines the differences between admissions and confessions in legal contexts, highlighting aspects such as meaning, proceedings, relevance, and the nature of each. Confessions are formal acknowledgments of guilt made by the accused in criminal cases, while admissions can be made by any person regarding facts in both civil and criminal cases. Additionally, confessions must be voluntary and can be retracted, whereas admissions are broader and can be used in various contexts without the same restrictions.

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Diffrence Between Admission and Confession

The document outlines the differences between admissions and confessions in legal contexts, highlighting aspects such as meaning, proceedings, relevance, and the nature of each. Confessions are formal acknowledgments of guilt made by the accused in criminal cases, while admissions can be made by any person regarding facts in both civil and criminal cases. Additionally, confessions must be voluntary and can be retracted, whereas admissions are broader and can be used in various contexts without the same restrictions.

Uploaded by

pranshul22010421107
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Difference between

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.

2 Proceeding Criminal only Civil or Criminal

3 Relevance It must be free & It need not be voluntary


voluntary to be to be relevant.—ANY
relevant.—Jud/Ex-Jud PERSON
4
Retractio Possible Not possible
n

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

11 Effect on Sec 30- relevant against Statement of co-plaintiff or


others co-accused (same co-defendants –no evidence
trial/offence) against others

1 Proceeds Person who committed Sec 18, 19, 20 –regard


2 from offence or is accused of statement of certain persons –
any crime not parties to the case as
admission against parties

1 Proof No provision in IEA, Not a conclusive proof –may


3 courts- regarded operate as estoppel –against
confession as satisfactory the person making the
proof of guilt-accused statement
Basis Admission Confession

Usage Admission is used to Confession


prove a fact and does not incriminates the
always incriminate the accused for
maker. committing the
offence as admitted.
Evidence Admission can be used Confession can only
against any person. be used against its
maker.
Proceedings Used as evidence in both Only criminal
civil and criminal proceedings.
proceedings.
Power Of Maker Admissions can be made Confessions can only
either voluntary or be made voluntary as
Basis Admission Confession

Recording Admissions can be The CrPC and IEA


recorded either mandates that
orally or in writing.
confessions need
to be recorded in
writing.
Degree Of Admissions are not Confessions are
Proof conclusive proof of conclusive and
the fact which are substantial proof of
admitted and do the guilt of the
not form the basis accused and can
of a judgment. be made the basis
Mohammed Ajmal Mohammad Amir kasab
alias Abu Mujahid versus State of
Maharashtra AIR 2012 SC 3565

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

 Judicialadmissions are formal admissions, made


by a party during the proceedings of the case.
 Extrajudicial admissions are informal admissions
not appearing on the record of the case. Judicial
admissions being made in the case fully binding on
the party that makes them. They constitute a
waiver of proof. They can be made the foundation
of the rights of the parties
Judicial confessions and extrajudicial
confessions
 Judicial confessions are those which are made to a judicial magistrate
under section 164 CRPC or before the court during the committal
proceedings or during trial. To prove judicial confession the person to whom
judicial confession is made need not be called as a witness. Judicial
confessions can be relied as proof of guilt against the accused person if it
appears to the court to be voluntary and true. A conviction may be based on
judicial confessions
 Extrajudicial confessions are those which are made to the person other
than those authorized by law to take confession. It may be made any
to any person or to police during investigation of an offence extrajudicial
confessions are proved by calling the person as witness before whom
extrajudicial confessions is made. Extrajudicial confession alone cannot be
relied it needs support of other supporting evidence. It is unsafe to base

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