Admission and confession are two crucial concepts used in the law of evidence by lawyers to strengthen their cases in the eyes of the jury. Both admissions and confessions serve as sources of evidence. Most people are familiar with the concept of confession, as it involves accepting and discussing one’s wrongdoing and guilt in a church, in the presence of a priest. On the other hand, admission refers to a statement accepted by a person. Acknowledging a fact is similar to admitting it. Although there are many similarities between the two concepts, there are also subtle differences that will be highlighted in this article.
Admission
If a person agrees with a fact or statement, he actually admits or acknowledges the fact. Prior admission by a person can be taken in a court of law as a statement that proves guilt or a crime. People make admissions in their lives many times about their fears, their aspirations, their acts of commission and omission but never have to deal with them.
We admit our hurt and anger, repentance, and sense of rejection and dejection, but these admissions do not lead to any action. It is an admission during interrogation that is an acceptance of a fact or statement and holds significance in proving the guilt or wrongdoing of a person. Admission as a source of evidence is mostly used in civil cases.
Confession
Confession is the act of acknowledging one’s involvement in an act of crime or wrongdoing. When an accused accepts his guilt, he is said to be making a confession. In earlier times, confession was considered to be enough to prove the guilt of a person, but today an accused can easily retract from his confession, saying his confession was a result of forceful interrogation or an attempt to escape torture.
Confession is not mentioned or defined in the Indian Evidence Act, and admission by a criminal or accused in the case of a crime is usually accepted as a confession.
Key Takeaways
- Confession is the acceptance of guilt in a crime or wrongdoing, while admission is the acknowledgment of a statement or a fact.
- Admission is used primarily in civil cases, while confession is used mostly in criminal cases.
- An accused can retract from a confession made earlier, but retraction from admission is not possible.
