Admission

Admission plays a very important role in judicial proceedings. If one party to the suit or any other proceeding proves that the other party has admitted his case, the work of court becomes easier. 

The expression 'Admission' means "Voluntarily acknowledgment of the existence or truth of a particular fact". 

In the Evidence Act, the term 'Admission' has not been used in this wider sense.  It deals with admissions by statements only oral or written or contained in an 

electronic form. 

But an Admission must be clear, precise and not vague or ambiguous.

Definition of Admission: 

Admission is defined under section 17 of the India Evidence Act, 1872 as a statement made by witnesses which shows inference to any fact in issue or relevant fact in a case.  

According to this Section, Admission can be in the form of a document, oral statement or may be contained in an electronic form. 

According to Section 18 following parties can make the admissions: 

Admission by parties to proceeding  

The term ‘parties’ not only means the persons who appear on the record in that capacity but also includes those persons who are parties to a suit without appearing. 

Persons who have an interest in the subject matter of the suit but are not parties on the record are also considered as parties in the proceedings and their statements. 

Admission by agent  

The statements made by an agent in a suit would be admissible as against the person he is representing.  

The statements made by an agent are, however, binding only when they are made during the continuation of his agency. 

Statements made in Representative Character  

When a person such as trustees, administrators, executors etc., sue or are sued in a representative character. 

Any statement made by them will only be admissible if made in their representative character. Any declarations made by them in their personal capacity will not be taken as an admission. 

Persons interested in the Subject-matter  

In any such suit where several persons are interested jointly in the subject-matter of the suit, then any admission made by anyone of the parties will be taken as an admission against himself as well as the other parties jointly interested in the subject matter. 

Persons from whom the Parties derive Interest  

Any statement made by the predecessor-in-title from whom the party to the suit derives his title will be admissible.  

But this will only be held as an admission if the predecessor-in-title made the declaration while still holding the title and not after the title has been transferred. 

The statement made by the former owner will not be considered as an admission as against the parties if it was made title has been passed. 

Section 19-20: 

Section 19 -20 provides exception to the general rule that is mentioned under Section 18. 

Section 19 and Section 20 are exceptions to the general rule laid down in Section 18. Under this section the parties to the proceeding may use the statement of third person. 

If the statement of third person contained an admission against his own interest and could have been used against him if he sued or was sued in connection with matter involving the position or liability affected by that admission. 

Admissions by persons whose position must be proved as against party to suit: (Section 19) 

This section of the Indian Evidence Act as in general it refers to third party who makes statement against himself when it affects his position.  

It is taken under admission only when the position is proved as against the party to the suit and the third party still exists at the time of the suit. 

Illustration 
A undertakes to collect rents for B. 
B sues A for not collecting rent due from C to B. 
A denies that rent was due from C to B. 
A statement by C that he owned B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B. 

Admissions by persons expressly referred to by party to suit: (Section 20) 

Section 20 of the Indian Evidence Act, 1872 states the admissions made by any person expressly referred to by party to suit.  

This section states, any statements made by a person to whom a party to the suit has expressly referred for facts in respect to a matter in dispute are referred to as admissions. This section also brings an exception to the general principle of admissions which are made by strangers.   

Illustration 
The question is, whether a horse sold by A to B is sound. 
A says to B- " Go and ask C, knows all about it" C's statement is an admission. 

Effects of Admission  

Section 31 says that admissions are not conclusive proof of the matters admitted but they may operate as Estoppel under the provision of this Act.  

The provision is further supplemented by Section 58 under which it is provided, "Facts admitted need not to be proved."  

It says that no facts need to be proved in any proceeding which the parties hereto or their agent agreed to admit at the hearing or which, before the hearing they agree to admit by any writing under their hands. 

An admission being not conclusive proof of the fact admitted, evidence can be given to disprove it.  

But until evidence to the contrary is given and admission can safely be presumed to be proved. 

Confession 

The term confession nowhere defined in the Indian Evidence Act 1872. 

The confession is a statement made by the person charged with a crime suggesting an inference as to any fact in issue or as to relevant fact. The inference that the statement should suggest that he is guilty of a crime. 

Meaning of confession  

The expression confession means a statement made by an accused admitting his guilt. It is an admission as to the commission of an offence. 

If a person accused of an offence makes a statement against himself, it is called confession or confessional statement.  

Confessions are a special form of admission. Thus, it is popularly said that "All Confessions are admissions, but all Admissions are not confessions." 

There are four kinds of Confession, are as follows: 

Judicial confession  

A Judicial Confession is that which is made before Magistrate or in a court due course of judicial proceeding.  

A Judicial Confession is relevant and is used as evidence against the maker provided it is recorded in accordance with provisions of Section 164 of Cr.P.C. 

Extra judicial confession 

An extra-judicial confession has been defined to mean “a free and voluntary confession of guilt by a person accused of a crime in the course of conversation with persons other than judge or magistrate seized of the charge against himself. 

Extra-judicial confession can be accepted and can be the basis of a conviction if it passes the test of credibility.   

Retracted confession  

A retracted confession is a confession voluntarily made by a person and subsequently retracted.  

The credibility of such a confession is a matter to be decided by the court according to the facts and circumstances of each case  

The retracted confession may also form the basis of conviction and punishment if it is believed to be true and voluntary.  

Confession by co accused (Section 30) 

When more than one person is jointly tried for the same offense, then the confession statement of one person bounds the other persons also. Such confession affects himself and other people who have jointly committed the offense. 

Illustrations
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 this confession as against B. 

Inculpatory And Exculpatory Confession: 

“Any evidence that is favourable to the accused in a criminal trial is considered exculpatory. And, any evidence not favourable to the accused or in other words favourable to the prosecution is inculpatory” 

The confession where accused directly admits his guilt is referred as an inculpatory confession. Exculpatory confession, on the other hand, is that confession which absolves the accused from his liability. Only inculpatory confessions can be used as a substantive piece of evidence. 

Relevant case laws

In Pakala Narayan Swami v. Emperor Lord Atkin defines confession as "A confession must either admit in terms the offence or at any rate substantially all the facts which constitute the offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is not in itself a confession.” 

Palvinder Kaur v. State of Punjab  

The Supreme Court approved the Privy Council decision in Pakala Narayan Swami case over two scores. 

Firstly, the definition of confession is that it must either admit the guilt in terms or admit substantially all the facts which constitute the offence.  

Secondly, that a mixed-up statement which even though contains some confessional statement will still lead to acquittal, is no confession.  

Thus, a statement that contains self-exculpatory matter which if true would negate the matter or offence, cannot amount to confession. 

Nishi Kant Jha v. State of Bihar 

 The Supreme Court pointed out that there was nothing wrong or relying on a part of the confessional statement and rejecting the rest, and for this purpose, the Court drew support from English authorities. 

When there is enough evidence to reject the exculpatory part of the accused person’s statements, the Court may rely on the inculpatory part. 

Sahoo v. the State of U.P 

A newly wedded women joined the new house of her husband and after some time the accused murdered his daughter-in-law. 

And after murdering her daughter-in-law he screamed “I have finished her” and in the course of his statement many of his neighbours heard his statement stating “I have finished her”. 

In this case, the court observed that the statements made by the accused should be considered as confessions and they shall be regarded as confessionary in nature. 

Difference between confession and admission  

Confession refers to admitting guilt for a crime or wrongdoing, whereas admission refers to revealing information or acknowledging guilt. 

Confessions are made to authorities or in a legal setting, while admissions can take place anywhere. 

Only the one who is accused can confess. Whereas any party to the proceedings of   a matter, their representative, and in some cases third parties as well, may make an admission. 

Only in criminal proceedings is confession allowed. Whereas, in both civil and criminal proceedings, admissions can be made. 

Confessions are usually voluntary, whereas admissions may be voluntary or involuntary. 

Confessions typically involve a sense of responsibility or remorse for the actions in question, making them stronger forms of admission. 

Depending on the circumstances, confessions and admissions can be admissible as evidence in a court of law. 

It is common for confessions to be made in writing or recorded, while admissions may be verbal or nonverbal. 

Confessions are self-incriminating statements, whereas admissions can either incriminate or exonerate.