Law Notes:- Judicial Services, CLAT, Public Prosecutor Competitive Exam Law of Evidence

Difference between Admission and Confession

Updated On: April 21, 2024 11:29 pm

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Difference between Admission and Confession

Section 17 to 31 of the Indian Evidence Act, 1872 deal with is called as ‘Admissions and confession’. However, the Indian Evidence Act treats ‘confessions’ in the Criminal cases is confession’.
In Civil cases & miscellaneous sec. 17-24, 31
In Criminal Cases 24-30
Also Read: SOME LANDMARK JUDGMENTS for Competitive Exam

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 (accused) makes a statement against himself, it is called confession.
An admission is genius	Confession is specie hence all confessions are admissions but all admissions are not confessions.
The Term Admission is applicable to a statement, oral or in writing made by a party on civil side.	Confession is the term for admission of guilt made in the criminal side.
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 and is alone sufficient to warrant a conviction.
An admission may be proved by or behalf of the person making it.	But confession always goes against the person making it.
An admission may be made by an agent in course of business.	While an agent can never make the confession of an offense against a co-defendant.
Admission by one of the several defendants insuit is not evidence against other defendants.	Confession made by one or two or more accused jointly tried for the same offense can be taken into consideration against the co-accused.