LAW SCHOOL

Law Discipline
Khulna University

An Assignment on Admission &

Confession in the Evidence Act, 1872.
Course Title: Law of Evidence
Course No.: LJ 3109

Submitted to:
Mr. Talukder Rasel Mahmud
Assistant Professor , Submitted by:
Law Discipline Sujan Das
Khulna University, Khulna. Student ID: 182810
3rd Year, 1st Term
Khulna University, Khulna.

Date of Submission: 23 August, 2021.

Introduction:

Admission and confession are two very important concepts used in law of evidence by lawyers
to strengthen their cases in the eyes of the jury. Both admissions and confessions are used as
sources of evidence. There are discussing the distinction between the Admission and Confession
under the Evidence Act, 1872. Before distinction of these two their meaning, relevance and
evidentiary value is also being discussed.

Admission:
Section 17 to 23 of the Evidence Act specifically deals with the portions related to admission.
As per the section 17 of The Evidence Act, 1872:
"An admission is 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 mentioned in the act. Admissions can be either formal or
informal. The formal admission is also called judicial admission which is made at the time of the
judicial proceeding, while the informal admission is those admissions which are made in during
the normal day to day activity like in the normal course of life. Formal admission or the judicial
admissions are completely admissible by the Court of law under Section 58 of the same act and
has much higher probative value into substantive any fact. They are generally rebuttable in
nature and require no further proof to disprove the facts admitted in a court of law unless the
court asks for the same.

Admission when relevant (Sec. 18-20)

An Admission is relevant if it is made by:
A party to the proceeding:
An agent authorized by such party.
А party suing or being sued in a representative character making admission while holding
such character.
A person who has a proprietary or pecuniary interest in the subject matter of the suit
during the continuance of such interest.
A person from whom the parties to the suit have derived their interest in the subject
matter of the suit during the continuance of such interest. (Section 18)
A person whose position it is necessary to prove in a suit, if such statements would be
relevant in a suit brought by against himself (Section 19.)
A person to whom a party to the suit has expressly referred for information in reference
to a matter in Dispute (Section 20.)
Evidentiary Value of Admission:
An admission is the best evidence against the party making the same unless it is untrue and made
under the circumstances, which does not make it binding on him. Admission by a party is
substantive evidence of the facts admitted by him. Admissions duly proved are admissible
evidence irrespective of whether the party making the admission appeared in the Witness box or
not. In fact. Admission is best substantive evidence that an opposite party can rely upon it. The
evidentiary value of admission only by government is merely relevant and not conclusive, unless
the Party to whom they are made has acted upon and thus altered his detriment.

Confession:
The term 'confession' is nowhere defined or expressed in the Indian Evidence Act, but the
inference explained under the definition of admission in Section 17 of Evidence Act also applies
to confession in the same manner. Thus, the confession is something which is made by the
person who is charged with any criminal offences and such statements conferred by him shall be
suggesting a conclusion as to any fact in issue or as to relevant facts. We may also define the
confession in other words that the admission by the accused in the criminal proceedings is a
confession.
A confession may be of the different type according to the matter of the cases. Broadly
confession is differentiated into two different statuses like-when the confession by the means of
statements is given itself in the court of law then such confession will be considered as judicial
confession,whereas,when the confession by the way of statements is produced at any place other
than court then such confession will lead towards extrajudicial confession.

Confession when becomes relevant:

Sections 24, 25, 26 and relevant part of Section 27 of the Indian Evidence Act, 1872 deals with
condition that when can confession be irrelevant. Section 24 of Evidence Act provides that a
confession made by a person who is accused of some offence is irrelevant if such confession
comes out of any inducement, threat or promise and such instances have proceeded from a
person in authority like police, magistrate, court etc. As per section 24 the confession becomes
irrelevant:
As a result of inducement, threat or promise;
Inducement be made from a person in authority;
It should relate to a charge in question; and
It should hold out some worldly benefit or advantage.

Evidentiary Value of Confession:

Though it is presumed that a person will not make a false statement which can be used against
him as evidence, yet confession is considered as a weak type of
Evidence. Its evidentiary value is very less since there are chances that it can be untrue due to the
state of mind of accused or may be influenced by force or under threat etc. Hence, they must be
considered in collaboration with other evidence on the record. A court must as a matter of
prudence resist from convicting a person solely on the basis of a confession. They must be taken
into account in light of the facts and circumstances of the case.

Difference between Admission & Confession:

The principle difference between admission and confession are as follows:
 Since, the definition of admission is also applicable to that of confession and confession
comes under the topic of 'admission, it can be inferred that Admission is a broader term
and it covers confessions. Hence, all confessions are admissions but not all admissions
are confessions.
 An admission can either be in favor or against the interest of the party making it whereas
a confession is always against the interest of the party making it.
 A confession is binding on the co-accused, whereas this is not the case in admissions.
 An admission can be made by a third party, too but confession proceeds from a person
who has committed the crime
 Admission is not a conclusive proof but a confession is taken to be a satisfactory proof of
guilt of the accused.

Distinction:

Admission Confession

 If a statement is made by a party  If a statement made by a party charged with

in civil proceeding it will be crime, in criminal proceeding, it is called as
called as admission. confession.

 An admission is not conclusive  An admission is not conclusive proof of the

proof of the matters admitted and matters admitted and is always rebuttable.
is always rebuttable.
 An admission may be proved by  But confession always goes against the person
or behalf of the person making it. making it.
  An admission may be made by an  While an agent can never make the confession
agent in course of business. of an offence against co-accused.

 Admission by one of the several  Confession made by one or two or more

defendants in suit is not evidence
against other defendants.
 Retraction is not possible in
Admission.
accused jointly tried for the same offense can
be taken into consideration against the co-
accused.
 Retraction is possible in Confession.

 Admission is a genus.  Confession is specie hence all confessions are

admissions but all admission are not
confessions.

 Admission can be either in favor  Confession is always against the party making
or against the party making it. it.

Conclusion:

To sum up, it can be said that the admission has a wider scope than confession, as the latter
comes under the ambit of the former. Hence, every confession is an admission, but the reverse is
not true.

The main difference between these two is that in case of confession, the conviction is based on
the statement itself, however, in the case of admission, additional evidence is required, to support
the conviction.

Following Methodology above this content:

I have come across so many study and work then effort to get the information. Some information
which are collected through direct study from different publications and books others annual
report and internet etc.
-0-