Distinguish between 'Admission' and 'Confession' under Indian Evidence Act, 1872.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Distinguish between 'Admission' and 'Confession' under Indian Evidence Act, 1872.
Answer & Explanation:
An admission is defined in Section 17 of the Indian Evidence Act, 1872 as 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 under Sections 18 to 20 of the Indian Evidence Act, 1872. Thus, whether a statement amounts to an admission or not depends upon the question whether it was made by any of the persons and in any of the circumstances described in Sections 18-20 and whether it suggests an inference as to a fact in issue or a relevant fact in the case. Thus admission may be verbal or contained in documents as maps, bills, receipts, letters, books etc. An admission must be clear, precise, not vague or ambiguous. Sections 24 to 30 of the Indian Evidence Act, 1872 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.
Topics: Indian Evidence Act, 1872
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