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  • Confession and Admission

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    Adv Zafar Ali
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    An admission is a statement, either oral or documentary, that suggests an inference regarding a relevant fact in a civil or criminal proceeding. A confession is a statement made by an accused person in a criminal case that acknowledges guilt of the offense. Key differences are that admissions can be made by any involved party in a civil or criminal case, while confessions are only made by accused individuals in criminal cases. Confessions must be made voluntarily to be admissible, while admissions are not required to be voluntary but their weight may be affected. Once made, an admission cannot typically be retracted whereas a confession can be.

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    An admission is a statement, either oral or documentary, that suggests an inference regarding a relevant fact in a civil or criminal proceeding. A confession is a statement made by an accused person in a criminal case that acknowledges guilt of the offense. Key differences are that admissions can be made by any involved party in a civil or criminal case, while confessions are only made by accused individuals in criminal cases. Confessions must be made voluntarily to be admissible, while admissions are not required to be voluntary but their weight may be affected. Once made, an admission cannot typically be retracted whereas a confession can be.

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    389 views2 pages

    Confession and Admission

    Uploaded by

    Adv Zafar Ali
    An admission is a statement, either oral or documentary, that suggests an inference regarding a relevant fact in a civil or criminal proceeding. A confession is a statement made by an accused person in a criminal case that acknowledges guilt of the offense. Key differences are that admissions can be made by any involved party in a civil or criminal case, while confessions are only made by accused individuals in criminal cases. Confessions must be made voluntarily to be admissible, while admissions are not required to be voluntary but their weight may be affected. Once made, an admission cannot typically be retracted whereas a confession can be.

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    INTRODUCTION

    WHAT IS ADMISSION ?
    An admission is a statement oral or documentry
    which suggests any interference as to any fact in issue or relevant fact and which is made by any of the
    person . RELEVANT PROVISION ARTICLE 30 OF QSO 1984.
    Person Who can make Admission
    i) A party to the proceeding (Civil or Criminal) art 31

    ii) An agent authorized by such party art 31

    iii) A Party suing or being sued in a representative character making admission while holding such
    character

    iv) A person who has a proprietary interest in the subject matter of the suit during the continuance of
    such interest

    v) A persons from whom the parties to the suit have derived their interest in the subject-matter of the
    suit during the continuance of such interest,

    vi) A person whose position is it necessary to prove in a suit, if such statements would be relevant in a
    suit brought by or against himself,

    vii) A person to whom a party to the suit has expressly referred for information in reference to a
    matter in dispute.

    WHAT IS CONFESSION ?
    Confession is made by the person
    under indictment ,which prove a criminal offence committed by him or her . confession are made
    under SEC 164+364 OF CRIMINAL PROCEDURE CODE 1898.
    TWO CATEGORIES
    Judicial Confession: When a confession made before the court or recorded by the magistrate, it is
    said to be a judicial confession.
    Extra-Judicial Confession: When a confession is made before the police or any other individual
    excluding the Judges and Magistrates.
    Confession to police officer not to be proved.. No confession made to a police
    officer shall be proved as against a person accused of any offence.
    Confession by accused while in custody of police not to be proved against him....
    Subject to Article 10, no confession made by any person whilst he is in the custody of apolice officer,
    unless it be made in the immediate presence of a Magistrate, shall be
    proved as against person.
    Key Differences Between Confession and Admission
    The fundamental differences between confession and admission, are explained here in a detailed manner:

    1.By the term confession, we mean a legal statement made by the accused in which he/she concedes the
    guilt of the offence. In contrast, admission means acceptance of truth or fact in issue or a material fact in a
    civil or criminal proceeding.
    2.The confession is made in criminal proceedings only. On the other extreme, admission is related to both
    civil and criminal proceedings.
    3.The confession must be made voluntarily, in order to become relevant. Conversely, the admission does
    not require voluntary expression so as to become material. However, it effects its weight.
    4.The confession made can be retracted easily, but once the admission is made, it cannot be retracted.
    5.The confession is made by the person under indictment, i.e. accused. Unlike admission, wherein the
    admission is made by any person, who can be the agent or even a stranger.
    6.Confession always goes against the person making it. On the contrary, admission is used on behalf of the
    person making it.
    7.admission is a matter of civil suit but confession is a matter of a criminal case.
    8.admission may be of both kind i.e oral or documentry but confession must be oral.
    9.judicial magistrate take the confession but he has no power to take admission as he has no jurisdiction
    over the civil suit but in case of admission it must be taken by the judge or civil court.
    10.all confession may be recognized as an admission but all admission are not confession.
    11.admission is a genus,whereas confession is a species.
    12.an admission may be made from any of the party of the civil suit but a confession must be made by
    accused.

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