Monday, 24 March 2014

Confession and Admission


Confession and admission both terms are originated in English law. A confession is an admission made at any time by person charged with crime, stating or suggesting the inference that he had committed the crime. 
Confession is an admission of an offence by the accused in special circumstances before the court. Admission is a statement oral or documentary which suggests and inference. 


Following are the differences between the admission and confession under the law of procedure. Confession is a statement which usually relates with criminal proceedings. Admission usually relates to civil transactions in the society. Confessions are always self harming for the accused.Admissions are either self harming or self serving.Confession may be made a basis of conviction without corroboration.Admission requires a sufficient corroboration to be admissible evidence.

Confession must always be in writing form or reduce into writing.Admission need not to be in writing.Confession if made voluntarily may be accepted as conclusive proof of the matter.Admission is not a conclusive proof of the matter admitted.Confession establishes the existence of a crime.Admission establishes the right of a party.


Confession results into the punishment of an offender.Admission imposes duties on its maker Confession to make admissible, it must always be made voluntarily Admission becomes admissible even if it is not made voluntarily Confession which is admissible may yet for another purpose be admissible as an admission. 
An admission cannot be treated as confessional. A feguards to the maker of confession are provided by law. There is no safeguard provided for recording admission.

a- Judicial confession
b- Extra judicial confession 
Admissions are not classified into any further kind. Confessions are always used against the person making it.
Admission may be used on behalf of another person except the person making it.

 Confession can always be made by the person himself.
Admission can be made by agent or other party on behalf of person making it. Confession does not operate as an estopal. Admission may operate as estopal. Confession need to be proved true and voluntary. Facts admitted need not to be proved.

0 comments:

Post a Comment