The Indian Evidence Act, 1872 under Section 17 defines “Admission”. It states that:
Admission is a statement:-
Oral
Documentary
In Electronic form
Such statement shall suggest any inference as to any fact in issue or relevant fact
Such statement shall be made by any person and in circumstances as mentioned under the Act
Admissions are considered as a substantive evidence, however are not a conclusive proof of the matters admitted.
On the other hand there is no statutory definition of “Confession”, however the expression is often confused with “Admission” as all confessions are dealt with under Section 17 of the Evidence Act. The Judiciary in some cases has outlined the difference between the two. For instance in the case of Pakala Narayan Swami v. Emperor[1], the Court remarked that 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.
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Ignorance of the law excuses no one
The Indian Evidence Act, 1872 under Section 17 defines “Admission”. It states that:
Admission is a statement:-
Oral
Documentary
In Electronic form
Such statement shall suggest any inference as to any fact in issue or relevant fact
Such statement shall be made by any person and in circumstances as mentioned under the Act
Admissions are considered as a substantive evidence, however are not a conclusive proof of the matters admitted.
On the other hand there is no statutory definition of “Confession”, however the expression is often confused with “Admission” as all confessions are dealt with under Section 17 of the Evidence Act. The Judiciary in some cases has outlined the difference between the two. For instance in the case of Pakala Narayan Swami v. Emperor[1], the Court remarked that 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.