Define and Distinguish “Admission” and “confession”?

Admission and Confession, the both, play an important role in evidence law. Any case may be solved easily and simply by the help of both. When any person accepts any fact or admits the commission of the offence, there it is not required to be proved.

Define and Distinguish “Admission” and “confession”?

Admission and Confession, both, plays an important role in evidence law. Any case may be solved easily and simply by the help of both. When any person accepts any fact or admits the commission of the offense, there is not required to be proved. 

Admission 

Section 17 of the Indian Evidence Act, 1872 defines the term ‘Admission’ 
Admission is a statement, oral or documentary 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.
Illustration – A brings suit for the recovery of money against B. It is written in the book of accounts of B that he has taken Loan from A. It is admission of liability against him. 
If B says that he had taken a loan from A, and then it shall be an admission of loan because he accepts his liability by saying so. 

Types of Admission 
(a) Judicial Admissions 
It is also called formal admission. It is made before the court during any judicial proceeding. 
Admission made in pleading is considered to be Judicial Admission. If it is clear and unambiguous then it is considered as the best evidence of facts. 
(b) Extra-Judicial Admissions 
It is also called informal or casual admission. Such confession normally occurs in the natural course of discussion in life. It does not exist in records of the court. 
Such admission may be oral or written. Written Admission may be in the form of letters, books of business, passbook etc. 
(c) Admission by Conduct 
Several times the conduct of parties also becomes admission. Such admission is more powerful than verbal confession. 

Section 18. Admission by party to the proceeding or his agent.
1 Parties to the suit: All statements made by parties to the suite that makes an inference as to a relevant fact or fact in issue is relevant. In the case of defendants, a defendant’s admission does not bind his co-defendants as, and then the plaintiff would defeat the case of all the defendants through the mouth of one. In the case of the plaintiff, since they all share some common interest, the admission of one plaintiff is bound on co-plaintiffs. 
2 Agent of parties: As the law of agency dictates, anything done by an agent, in the normal course of business, is deemed to have been done by the principle himself. Hence, if an agent is impliedly or expressly been asked to make an adverse statement, the same shall be relevant. A lawyer does not come under this section

What is Confession? 

The importance of confession in evidence law is the same as that of admission. Confession helps in achieving the correct conclusion and fast solution of trial.
A confession is nowhere defined under the act and it occurs under the heading ‘admission’. The definition of ‘admission’ under Section 17, hence, becomes applicable for confessions. In terms of the act, a relevant statement made in a civil case is an admission and an admission made in a criminal case is a confession.
Every Confession is admission, but every admission is not confession. 
Above analysis shows that every confession contains admission, but every admission does not contain a confession 

According to Stephen “Confession is such admission which is made by a person who is accused of an offence and admits or it is inferred from the statement that he has committed the crime. 

Section 24 
This section makes those confessions irrelevant which are. 
A result of inducement, threat or promise
Inducement, etc be made from a person in authority
It should relate to a charge in question;
It should hold out some worldly benefit or advantage 
The law considers confessions, which are not made freely as false. A government official is considered to be a person in authority as they are deemed to be capable of influencing the course of prosecution. The benefit promised should be reasonable and make the accused believe that he would gain an advantage from it and an evil which the accused is threatened with should be of a temporal nature. 

Types of Confession 

Confession is of two types - 
Judicial Confession – This means such confession which is made by accused before the court. 
Extra-Judicial Confession – This means such confession which is made outside the Court before any other person. 

Effect of confession of Co-accused on Another Co-accused 

Generally, the confession of one co-accused does not affect the other. But an exception has been given in Section 30 of the Indian Evidence Act, 1872 According to it - 
“When more persons than one are being jointly tried for the same offence and a confession made by one of such person affecting himself and some other of such person is proved, the court may take into consideration such confession as against such other person as well as against the person who makes such confession” 
Illustration – A and B are jointly tried for the murder of C. It is proved that A said B and I murdered C. The court may consider the effect of the confession against B. But if both were not tried jointly then such confession cannot be taken into consideration by the court. 

Section 30: This section comes into play when more than one person is jointly accused of the same offense. Hence, if one of the co-accused makes a confession regarding himself and some other such persons, the court will take that confession into account against the accused and his co-accused. In Kashmira Singh vs State of MP, a person name Gurbachan, along with 3 others was accused of the murder of a child. Through his confession, the prosecution was able to give shape to the story and he, with kashmira Singh was held liable and sentenced to death. Kashmira was acquitted by the Supreme Court on an appeal as uncorroborated confession was not deemed enough to deprive a person of the right to life.

Difference between confession and admission

BASIS FOR COMPARISON

CONFESSION

ADMISSION

Meaning

Confession refers to a formal statement by which the accused admits his guilt of a crime.

An admission refers to the acknowledgement of a fact under discussion or a material fact in a lawsuit.

Proceeding

Criminal only

Civil or Criminal

Relevance

It must be voluntary to be relevant.

It need not be voluntary to be relevant.

Retraction

Possible

Not possible

Made by

Accused

Any person

Use

It always go against the person making it.

It can be used on behalf of the person making it.