(1) A confession is a statement made by an accused person admitting that he has committed an offence, or at any rate, substantially all the facts which constitute the offence. Confessions find place in criminal proceedings only. An admission is a general term which suggests an inference as to any fact in issue or any relevant fact. Admissions are generally used in civil proceedings; yet they may also be used in criminal proceedings. Every confession is an admission, but every admission in a criminal case is not a confession. A statement may be irrelevant as a confession, but it may be relevant as an admission. A statement not admissible as a confession may yet, for other purposes, be admissible as an admission as against the person who made it. (Section 21) (2) A confession, if deliberately and voluntarily made, may be accepted as evidence in itself of the matters confessed, though as a rule of prudence, the Courts may require corroborative evidence; but an admission is not a conclusive proof of the matters admitted, though it may operate as an estoppel. (3) A confession always goes against the person making it, except under section 30, under which the confession of one or more accused jointly tried for the offence can be taken into consideration against the co-accused. An admission, on the contrary, may be used on behalf of the person making it under the exceptions provided in Sec. 21; but an admission by one of several defendants in a suit is no evidence against another defendant.
Posted on: Mon, 27 Jan 2014 13:09:17 +0000
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