Admissions and Confessions – A Detailed Study

In the Indian Evidence Act, 1872, Admissions and Confessions play a crucial role. Both are used as evidence in judicial proceedings, but there are significant differences between them. In this article, we will conduct an in-depth study of both topics, covering definitions, objectives, legal provisions, types, judicial perspectives, and examples.

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1. Definition of Admissions

According to Section 17 of the Indian Evidence Act, 1872,
"A statement, whether oral, written, or by conduct, which suggests any inference as to any fact in issue or relevant fact and which is made by a party to the proceeding or his agent, is called an admission."

Key Elements:

✔ The statement can be oral, written, or by conduct.
✔ The statement should be against the interest of the person making it.
✔ It applies in both civil and criminal cases.

Example:

• If a person says, "I admit that I committed tax evasion," it will be an admission.
• In a property dispute, if a party says, "This land was earlier in my brother’s name," it will be an admission.

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2. Purpose of Admissions

The purpose of admissions is to assist the court in reaching the truth and simplifying litigation. Through admissions:
✔ The need for unnecessary witnesses is reduced.
✔ The duration of judicial proceedings is minimized.
✔ Statements of parties can be used as evidence against them.

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3. Types of Admissions

(i) Formal Admissions

✔ These are made in court and are used during the trial.
✔ Their purpose is to simplify judicial proceedings.
✔ Example: If a party says, "I do not dispute the authenticity of this document," it will be a formal admission.

(ii) Informal Admissions

✔ These are generally made outside the court.
✔ They can be statements made in conversation, correspondence, or any other form.
✔ Example: If a person says, "I knew that the property was not mine," it will be an informal admission.

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4. Legal Validity of Admissions

Admissions are covered under Sections 18 to 23 of the Indian Evidence Act.
✔ They can only be used as evidence against the person making them.
✔ They are evaluated along with other evidence.
✔ They cannot be fully accepted or rejected; the court decides their significance.

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5. Admissions vs. Confessions

Basis	Admissions	Confessions
Definition	A statement that goes against the person making it	A statement admitting guilt of an offense
Applicability	Applies in both civil and criminal cases	Applies only in criminal cases
Legal Effect	It is not direct proof but a supporting piece of evidence	It can be direct proof of guilt
Admissibility	Depends on the discretion of the court	Valid only under Sections 24-30
Example	"My shop was robbed"	"I committed the theft in the shop"

There are significant differences between admissions and confessions:

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6. Definition of Confessions

The Indian Evidence Act does not specifically define confessions, but according to judicial interpretation,
"A statement that completely and directly admits the guilt of the accused is called a confession."

Essential Elements:

✔ It applies only in criminal cases.
✔ It must be a statement given by the accused.
✔ It must explicitly admit the offense.

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7. Types of Confessions

(i) Judicial Confessions

✔ Statements made by the accused in court.
✔ These are recorded before a magistrate.
✔ They are admissible as direct evidence.

Example:
If an accused person says in court, "I murdered the victim," it will be a judicial confession.

(ii) Extra-Judicial Confessions

✔ Statements made by the accused to the police or any other person.
✔ These are not directly admissible in court unless corroborated by other evidence.

Example:
If an accused tells a friend, "I committed the murder," it will be an extra-judicial confession.

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8. Admissibility of Confessions

The admissibility of confessions is governed by Sections 24 to 30 of the Indian Evidence Act.

(i) Inadmissible Confessions

✔ If given to the police (Section 25)
✔ If given under inducement, threat, or promise (Section 24)
✔ Confessions of co-accused (Section 30)

(ii) Admissible Confessions

✔ If made before a magistrate (Section 164, CrPC)
✔ If made voluntarily without pressure

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9. Judicial Perspective

✔ Keshavananda Bharati v. State of Kerala (1973) – The Supreme Court ruled that admissions are an important part of evidence but cannot be the sole basis of conviction.
✔ Brahm Dutt v. State of Uttar Pradesh (1956) – The court stated that a confession is admissible only if it is given voluntarily and independently.

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10. Conclusion

✔ Admissions and confessions play a crucial role in the judicial process.
✔ Confessions are admissible only in criminal cases, whereas admissions apply in both civil and criminal matters.
✔ Courts carefully examine the admissibility of confessions.

By understanding these principles, any law student or lawyer can build a strong foundation in legal practice.