Difference between Confession and Admission

133 votes

The difference between confession and admission is that confession refers to a voluntary statement made by the person who has been accused of committing a crime. It is a direct acknowledgment of guilt by the accused. On the other hand, admission, while also being a voluntary statement, is merely the acknowledgment that a particular fact is true.
 

What is Confession?

When the accused in a case makes a direct acknowledgment of their guilt that statement is called a confession. This is based on the premise that no one will falsely admit to being guilty of an offence. A confession can also be later retracted. A confession must be a direct statement and not merely an inference from the words of the accused. It must be made voluntarily and without any form of coercion being used. While a conviction cannot rely solely on a confession it can be used to corroborate other pieces of evidence.
 
The Indian Evidence Act, 1872 does not define confession but it lays down certain conditions that must be fulfilled for a confession to be accepted as evidence and also explains the circumstances under which a confession will be relevant. Under Section 24, the Act mandates that a confession will be relevant only if it is not made under any threat or inducement from the authorities. In keeping with this principle, Section 25 lays down that if the confession is made to the police while the accused is in their custody it will not be relevant.
 
However, a confession made to the police can be accepted if it is done in front of a Magistrate as the presence of the Magistrate will ensure the safety of the accused. This has been stated in Section 26 of the Act. Similarly, if a confession is made while in the custody of a police officer which leads to a fact being proved Section 27 allows for that confession so far as it relates to the proven fact to be presumed as true.
 
Section 28 also allows for a confession made in police custody to be held relevant if the court feels that all the forces that could threaten, induce, or make promises have been removed. Even if the accused made the confession because they were promised secrecy or when they were drunk or when they wear unaware that the police could overhear them speaking, it will be considered relevant as laid down by Section 29.
 
There are two types of confession – judicial and extra-judicial. The former refers to a confession made in Court during the trial or one made to a Magistrate as per Section 164 of the Code of Criminal Procedure, 1973. If a confession is made outside of court proceedings and not in the presence of a Magistrate it is called an extra-judicial confession. The simple act of the accused admitting their guilt out loud in front of bystanders can be taken as a confession if it can be proven using corroborative evidence.
 

What is Admission?

Admission is defined under Section 17 of the Act as “a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.” While admission also refers to a voluntary acknowledgment of a fact, the definition is far more expansive than that of confession. Section 18 holds that a statement made by a party to the proceeding or their agent is an admission. Thus it can be made by any party and not just the accused.
 
In the case of a third party making a statement, if a party’s liability depends on the liability of that third party to the suit, then that statement can be considered as an admission according to Section 19. This is an exception to the principle that only parties to the suit can make admissions.
 
Section 20 also provides an exception to the aforementioned principle as it allows statements made by third parties to be treated as admissions if they have been expressly referred for information by a party to the suit. The Act lays down that admission is relevant under Section 21. It further allows for it to be proved only against the person making it or against their agent.
 
However, the section also describes the exceptional situations in which admission can be proved by the person making it or by his agent. Once admission is made, the maker is bound by what they have said. It must be voluntary and not made under any form of threat of coercion.
 
There are two types of admission. Judicial admissions are made by parties during the proceedings in Court and they are completely binding on the parties. Extrajudicial admissions are informal and made outside of the proceedings in court. Since extrajudicial admissions are not made through a formal procedure, they cannot be made completely binding. They operate only in so far as they can be used as an estoppel. Moreover, they are not made part of the case records.
 

Differences between Confession and Admission

The following are the main differences between confession and admission:

1. Confession is a voluntary statement by the accused directly acknowledging their guilt.

2. Admission is a voluntary statement of a fact in issue or a relevant fact.

3. Confession can only be made by the accused.

4. Admission can be made by any party to the proceedings of a case or their agent, and in certain circumstances, by third parties as well.

5. Confessions can only be made in criminal proceedings.

6. Admissions can be made in both civil and criminal proceedings.

LawRato LawRato

607 votes

As per Indian Evidence Act, 1872, (IEA) admission and confession are two distinct concepts.

Admission: Sections 17 to 23 of the IEA deal with Admission. An admission is a statement made by a party to a proceeding, or by someone on their behalf, which suggests any inference as to any fact in issue or relevant fact. It is an acknowledgement of a fact in issue or relevant fact, which is against the interest of the person making the statement but it does not directly admit guilt. An admission can be used as evidence if it meets the requirements of the Indian Evidence Act.

Confession: Sections 24 to 30 of the IEA deal with confession. A confession is a statement made by an accused person who directly or indirectly admits their guilt with respect to the offence charged. We can say that a confession is a type of admission that directly admits the guilt of the accused. A confession made to a police officer is not admissible in court. In order to be admissible in court, a confession must be voluntary, truthful, and made in the presence of a magistrate.If a confession is obtained through coercion, threats, or promises, it is irrelevant and hence not admissible in evidence.

The key differences between admission and confession are:

1. Admissions can be made by any party to a proceeding, while confessions are made only by the accused.

2. Admissions can be made about any fact in issue or relevant fact, while confessions are only about the commission of the offence.

3. Admissions can be used against any party to a proceeding, while confessions are only admissible against the accused who made them.

4. An admission may be made voluntarily or involuntarily, while a confession can only be made voluntarily.

5. An admission may require corroboration to be considered reliable, while a confession is generally considered stronger evidence against the accused.

While both admissions and confessions are types of statements made in a legal proceeding, they differ in their scope, who can make them, and their evidentiary value. The difference between confession and admission is important in criminal trials.

Advocate Sudershani Ray LawRato

952 votes

Admission is not a conclusive proof but a confession is taken to be a satisfactory proof of guilt of the accused. .

Advocate Naman Gupta LawRato

341 votes

Admission is the act of revealing or admitting guilt. A confession refers to confessing guilt. Admissions can be made anywhere, but confessions are usually made in front of authorities or in legal settings.

Advocate Chikirsha Mohanty LawRato