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Admission and Confession
Admission and Confession
Compare and contrast between admission and confession in the context of Malaysian
Evidence Act 1950.
Ans: Admission
The voluntary assertion of a fact's veracity might be referred to as an admission. It can
make inferences about a disputed truth or a crucial fact and can be presented orally, in
writing, or electronically. Documentary evidence includes things like letters, receipts,
maps, bills, and other similar things.
Any potential party to the litigation, a party's predecessor-in-interest, an agent, or any
other person with a stake in the matter may make an admission.
Except where it is untrue and made under circumstances that do not bind the party
making it, an admission is viewed as the strongest evidence against that party. Thus, it
must be distinct, certain, and accurate.
Legal Principles
According to S. 17(1), an admission is any statement, whether oral or written,
that raises a potential inference about a pertinent fact or a fact at issue.
(relevant to both civil and criminal trials)
S. 17(2) states that a confession is any acknowledgment made by a person who
is accused of committing an offense, expressing or implying that he did so. (This
is applicable exclusively in criminal cases.) Although every confession is an
admission, not every admission is a confession.
S. 18(1) defines a party to a proceeding as either the prosecution, the defense,
or a representative of each.
According to S. 18(2), "parties to a suit" refers to either the plaintiff or the
defendant, or their representatives.
S. 18(3): Persons with a property or financial interest in the subject matter, as
well as individuals who are related to the parties in some way.
S. 21: Admissions are important and may be used as evidence against the
maker, but they may not be used as evidence for the maker unless they come
within the scope of paragraphs (a) through (c) of the section.
According to Section 31, an admission is not definitive proof of the matter
stated, and the person who made it is free to justify it.
When we use the term "confession," we refer to a written declaration given by
the accused in which he or she admits guilt. In contrast, admittance denotes the
acknowledgment of the truth, a fact, or crucial fact in a legal or criminal case.
Only during criminal procedures is the confession given. Conversely, admission
is relevant to both criminal and civil actions.
For the confession to be considered, it must be made voluntarily. On the other
hand, for the admission to become material, it is not necessary for voluntary
expression. It does, however, affect its weight.
While it is simple to withdraw a made confession, an admission that has already
been made cannot be done so.
The accused, or person charged with a crime, confesses. Unlike admission,
which can be made by anyone, even the agent and complete strangers.
Confessions are never received favourably by the confessor. Admission, on the
other hand, is made on behalf of the maker.
R v. Anandagoda
The objective test based on how a reasonable man will interpret that statement
is used to establish if the admission amounts to a confession.
Not all statements that imply any connection to the relevant fact are
confessions. Only words made by the accused in which he admits guilt or in
which it may be inferred that he committed the crime constitute a confession.
Dato Seri Anwar Ibrahim v. PP
Admissions are important and can be used against the person who makes them,
according to S. 21.
The hearsay rule is broken by an admission, making it admissible. The
reasoning for this law is that making an admission, or a confession is not self-
serving because it goes against the maker's best interests.
As a result, it is assumed to be accurate.
Elements
Admissions may be used to prove a maker's guilt.
It cannot be used to support the maker of them in court.