confession and admission
Definition of Evidence:
Evidence is ground for belief or disbelief; data on which to base proof or to establish truth or falsehood and a mark or sign that makes evident; indication his pallor was evidence of ill health. It is a (Law) Law matter produced before a court of law in an attempt to prove or disprove a point in issue, such as the statements of witnesses, documents, material objects, etc. It turns queen's (king's, states) evidence (of an accomplice) to act as witness for the prosecution and testify against those associated with him in crime. In evidence on display; apparent; conspicuous her engagement ring was in evidence
Definition of confession:
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g. as "a statement admitting or acknowledging all facts necessary for conviction of a crime," which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense.
Definition of Admission:
Admission means voluntary Acknowledgment made by a party to a lawsuit or in a criminal prosecution that certain facts that are inconsistent with the party's claims in the controversy are true. An admission may be express, such as a written or verbal statement by a person concerning the truth, or it may be implied by a person's conduct. If someone fails to deny certain assertions which, if false, would be denied by any reasonable person, such failure indicates that the person has accepted the truth of the allegations.
An admission is not the same as a confession. A confession is an acknowledgment of guilt in a criminal case. Admissions usually apply to civil matters; in criminal cases they apply only to matters of fact that do not involve criminal intent.
Admission n. a statement made by a party to a lawsuit or a criminal defendant, usually prior to trial, that certain fact are true. An admission is not to be confused with a confession of blame or guilt, but admits only some facts. In civil cases, each party is permitted to submit a written list of alleged facts and request the other party to admit or deny whether each is true or correct. Failure to respond in writing is an admission of the alleged facts and may be used in trial.
Differences between Admission and Confession:
The Evidence Act 1872 deals with the provisions of admission and confession. Section 17-23 and 31 of the Evidence Act 1872 states about the admission and its relevancy and section 24 -30 of the Evidence Act 1872 describes the confession. Going through these sections we may differentiate them as following-
A statement oral or documentary admitting a fact arising from, and relevant to the civil suit is called admission whereas an admission made before the Judicial magistrate by an accused stating or suggesting that he has committed the crime for which he has been made accused.
1. Admission is a matter of civil suit but confession is a matter of criminal case.
2. Admission may be of both kinds i.e. oral or documentary but confession must be oral.
3. Judicial Magistrate takes the confession but he has no power to take admission as he has no jurisdiction over the civil suit. But in case of admission it must be taken by the judge of civil court.
4. All confessions may be recognized as an admission but all admissions are not confession.
5. Admission is a genus whereas confession is a species.
6. An admission may be made from any of the party of the civil suit but a confession must be made by accused.
7. Admission is taken according to the procedure stated in Code of Civil Procedure 1908 whereas Confession is taken according to the procedure stated in section 164 of Code of Criminal Procedure 1898
8. There may be another difference regarding the concern sections of the Evidence Act 1872 about confession and admission. Section 17-23 and 31 of this Act describes about admission whereas section 24-30 describes about cofession.
So, these are the general differences between admission and confession in the light of the Evidence Act 1872.
Md. Haider Ali
Senior Lecturer
Department of Law
Daffodil International University.
