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THEORY:

Definition of Confession and Distinction with Admissions

The term confession is not defined under Indian Evidence Act unlike in English Law of Evidence Act. All the provisions relating to confessions dealt under the heading of Admissions which signifies that the legislature didn’t intend to distinguish both. The definition of Admission under section 17 applicable to confession too. Admission is a statement made orally or in written form which suggests an inference to the fact in issue or relevant fact. If the statement is made in civil proceeding it is admission and if it is made in criminal cases it is confession. Thus the confession is a statement made by a person charged with a crime suggesting an inference as to any facts in issue or relevant fact. The inference that the statement should suggest that he has committed the crime. An admission is a genus where as confession is a species of it. One practical effect would be if a statement which cannot be a confession can still be an admission.

Sir Stephen defines confession as an “admission made at any time by a person charged with a crime stating or suggesting that he committed that crime.” The Privy Council in Pakala Narayan Swami V. Emperor, held that “A confession must either be admitted in the context of any offence or in relation with any substantial facts which inaugurate the offence with criminal proceedings. And an admission of serious wrongdoing, even conclusively incriminating fact is not itself a confession”. For example an admission by the person that he is the owner or having the possession of a knife or a gun which caused the death of another person by itself is not a confession.

This definition was approved by Supreme Court in Plavinder Singh v State and held that Firstly, the confession must either admit the guilt in terms or substantially all the facts which constitute the offence. Secondly, a mixed up statements (like mixture of inculpatory and exculpatory Statements) which though contains a confessional element will still lead to acquittal is no confession. It held that a confession must either accept in full or reject in full. It held a confession or an admission must either accept in full or reject in full. The court cannot accept inculpatory statement and convict a person by rejecting the exculpatory statement totally.

However, the Supreme Court in Nishi Kanth Jha v State held that there is no wrong on relying some part of statements confessed by the accused and neglecting the other part, the court has traced out this concept from English Law and when court in its capacity understood that it has enough evidence to neglect the exculpatory part of the confession, then it may rely on the inculpatory part such confession.

Conclusively we can understand that the expression of confession means any statements made by an accused which proves his guilt. And there is just a thin line difference between the two terminologies of the Indian Evidence Act that admission is no other different term than admission as a confession only ends up in admission of guilt by the accused.

Confessions and Admissions Distinguished

Both Confession and Admissions have many common features that all the provisions relating to them occur under Admission. In both the cases the statements suggest an inference as to a fact in issue or a relevant fact. As the definition of admission is also applicable to that of confession and confession comes under the topic of ‘admission,’ it can be inferred that admission is a broader term and it covers confessions. Hence, all confessions are admissions but not all admissions are confessions. However, there are few points which distinguishes them. They are as under:

1. Admissions are genus, where as Confessions are species

2. Section 17 which defines admissions also defines confessions

3. A confession is admission of guilt in reference to a crime