"Every confession must be an admission but every admission may not amount to a confession." Examine this statement.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2023
"Every confession must be an admission but every admission may not amount to a confession." Examine this statement.
Answer & Explanation:
Admissions are define under section 17 of the Indian Evidence Act, 1872 (the Act). It states: An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, mentioned in the Act after section 17. Sections 24 to 30 of the Act deal with confessions. However, the Act does not define a confession but includes in it admissions of which it is a species. Thus confessions are special form of admissions. Whereas every confession must be an admission but every admission may not amount to a confession. A confession, however, is received in evidence for the same reason as an admission, and like an admission it must be considered as a whole. Further, there can be an admission either in a civil or a criminal proceedings, whereas there can be a confession only in criminal proceedings. An admission need not be voluntary to be relevant, though it may affect its weight; but a confession to be relevant, must be voluntary. There can be relevant admission made by an agent or even a stranger, but, a confession to be relevant must be made by the accused himself. A confession of a co-accused is not strictly relevant, though it may be taken into consideration, under Section 30 of the Act in special circumstances. In view of the above, it can be said that "Every confession must be an admission but every admission may not amount to a confession".
Topics: Indian Evidence Act, 1872
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