In a college, the cashier has been accused of embezzling fees collections. After the conclusion of forensic audit, the Forensic Auditor (FA) obtained a confession statement from the cashier admitting the embezzlement. Fo

Admission of Confession whether be accepted as an Evidence An admission is defined in Section 17 of the Indian Evidence Act, 1872, as a statement, oral or documentary, 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 three succeeding sections. The section does not, therefore, contain a complete definition of the word "admission", in as much as it does not define the persons whose statements amount to admissions, nor the circumstances under which a statement must be made so that it may amount to an admission. This part of the definition of an admission is left to the interpretation of sections 18 to 20 of Indian Evidence Act, 1872. Therefore, the question whether a statement amounts to an admission or not depends upon 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. The fact that the statement suggests an inference in favor of the person who made the statement and/or does not make the statement as less an admission, as the question whether a statement is or is not an admission, different from the question whether an admission may or may not be proved in favor of the person making it. So that a statement may be an "admission" in the sense in which this word is used in this set of sections, it must be an oral or documentary statement. A statement may be made otherwise than by word of mouth or writing, but such a statement can hardly be described as an oral or documentary statement. Admissions by conduct are not governed by this set of sections, as inferences suggested by active or passive conduct are not oral or documentary statements. The proper section under which the relevance of admissions by conduct must be established is Section 8 of the Evidence Act, 1872 as a statement made by conduct will be admissible or inadmissible according to whether it falls or does not fall within "the terms of that section." If an admission is capable of two interpretations, an interpretation unfavorable to the person making it should not be put on his admission. The requirement is that an admission must be clear, precise, not vague or ambiguous.