Difference between admission and confession From

Difference between admission and confession

From Wikipedia, the free encyclopedia

The Indian Evidence Act 1872

deals with the provisions of admission and confession. Section

17-23

and

31

of

Indian Evidence Act 1872

states about the admission and its relevancy andsection

24 -30

of

Indian Evidence Act 1872

describes the confession.Going through thesesections we may differentiate them as following-

A statement oral or documentary admitting a fact arising from, and relevant to the civil suit iscalled admission w
hereas an admission made before the Judicial magistrate by an accused statingor suggesting that he has committe
d the crime for which he has been made accused.Admission is a matter of civil suit but confession is a matter of cr
iminal case.Admission may be of both kinds i.e. oral or documentary but confession must be oral.Judicial Magistr
ate 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 civilcourt.All confessions may be recognized as an admission b
ut all admissions are not confession.Admission is a genus whereas confession is a species.An admission may be m
ade from any of the party of the civil suit but a confession must be made by accused.Admission is taken according
to the procedure stated in

Code of Civil Procedure 1908

whereasConfession is taken according to the procedure stated in section

164

of

Code of CriminalProcedure 1898

There may be another difference regarding the concern sections of

Indian Evidence Act 1872

about confession and admission.section

17-23
 and 31 of this Act describes about admissionwhereas section

24-30

describes about confession.

So, these are the general differences between admission and confession in the light of the

IndianEvidence Act 1872

Difference between admission and confession

Confession:

A statement by which an individual acknowledges his or her guilt in the commission of acrime

Judicial Confession

- A judicial confession is a confession that is made in front of a magistrate or in acourt. It may be made in the cou
rse of a judicial proceeding.

Extra - Judicial Confession

- An extra-judicial confession is a confession that is made by the partyelsewhere than before a magistrate or in a court

Difference between admission and confession

Admission is a matter of civil suit but confession is a matter of criminal case.Judicial Magistrate takes the confess
ion but he has no power to take admission as he has no jurisdictionover the civil suit.All confessions may be reco
gnized as an admission but all admissions are not confession.Admission is a genus whereas confession is a specie
s.An admission may be made from any of the party of the civil suit but a confession must be made byaccused.Adm
ission is taken according to the procedure stated in

Code of Civil Procedure 1908

whereasConfession is taken according to the procedure stated in section

164

of

Code of Criminal Procedure1898

Confession is acceptance of guilt in a crime or wrong doing while admission is the acknowledgment of astatement or a factAdmission i
s used mostly in civil cases while confession is used mostly in criminal casesAn accused can retract from confessi
on made earlier, but retraction from admission is not possibleConfession is made by the accused while admission
can be made by others alsoAll confessions may be recognized as an admission but all admissions are not confessi
on.
A confession must be made before the Judicial Magistrate or in front of the court whereas admissionmay be made
to any person outside of the court.A confession is admissible only when it fulfills the conditions mentioned under article 37 to 43
of theQanon-e-shadat order, while an admission is admissible under article to of the Qanon-e-
shadatorder.Confession given freely can be treated as a conclusive proof of guilt but admission related with the fa
ctin issue or relevant fact; it is not a conclusive proof of evidence.Confession of guilt by an accused person to a pol
ice officer cannot be proved in criminal proceedingwhere admission of guilt by a person to a police officer may be
proved in civil proceeding