Confession and Admission

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 Indian Evidence Act. It 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, hereinafter mentioned. Section 18 onwards different circumstances of admissions are provided under the Indian Evidence Act.

Ø  Confession is generally made by the accused person. Admission is made by other persons.

Ø  Confession statement is culpatory while admission is exculpatory.

Ø  Admitted facts need not be proved. Confession is proved only for purposes mentioned in the Act like discovery.

Ø  Confession is generally used in criminal cases while admission is used in civil cases.

Ø  Confession can be retracted while admission cannot be retracted.

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