Difference Between Confession and Admission in Indian Law

Topics: Criminal law, Legal burden of proof, Jurisdiction Pages: 3 (761 words) Published: February 12, 2013
Difference between Confession and Admission

This brings us to the main difference between admission and confession. An admission is a statement that may or may not be a conclusive evidence of a fact in issue or relevant fact but to be a confession, the admission must conclusively prove the guilt of the maker of the admission. For example, in the case of Veera Ibrahim vs State of Maharashtra, AIR 1976, a person being prosecuted under Customs Act told the customs officer that he did not know that the goods loaded in his truck were contraband nor were they loaded with his permission. SC held that the statement was not a confession but it did amount to admission of an incriminating fact that the truck was loaded with contraband material.

Thus, a statement which may not amount to confession may still be relevant as admission. Only a voluntary and direct acknowledgment of guilt is confession, but when a confession fall short of actual admission of guilt, it may nevertheless be used as evidence under Section 21.

Regarding admission that contains multiple sentences, Justice Thomas, of SC stated the law in the case of Lokeman Shah vs State of WB, AIR 2001 as follows - The test of discerning whether a statement recorded by a judicial magistrate under Section 164 of CrPC, is confessional or not is not to determine it by dissecting the statement into different sentences and then to pick out some as not inculpative.The statement must be read as a whole and then only the court should decide whether it contains admissions of his inculpatory involvement in the offence. If the result of that test is positive the the statement is confessional otherwise not. Ø Confession is the admission of guilt or its inferences by an accused in custody. There are two types of confession viz. judicial and extra-judicial. Some provisions relating to confessions are contained in Sections 24 to 29 of the Indian Evidence Act.

Ø Admission is defined under Section 17 of the...
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