Admission vs. Confession

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Here are the differences between an admission and the confession: –

  • A confession is an oral or written statement suggesting the liability of persons making a statement whereas a confession is an oral or written statement by a person accused of an offense in which he or she has either admitted to committing the offense, or it has admitted material facts constituting an offense.
  • An admission is made by party of civil suit while confession is made by an accused person.
  • An admission is a genus whereas a confession is a species.
  • An admission is made according to the procedures established in the Code of Civil Procedure, 1908, while a confession is made according to the procedures contained in the Code of Criminal Procedure, 1898.
  • Every admission is not a confession, but every confession is an admission.
  • An admission by one of the many defendants in a prosecution does not constitute evidence against other defendants, while the confessions of two or more defendants tried jointly for the same offense may be taken into consideration against the co-defendants under the Section 30 of the Indian Evidence Act 1872.
  • An Admission can be oral or documentary while a confession must be oral.
  • A confession can be used on behalf of and in favor of the person making the admission in the circumstances mentioned in section 21 of the Indian Evidence Act, 1872 while a confession is always against the person making it .
  • A confession is not conclusive proof of admitted facts, but it can function as an estoppel, while a confession, if made deliberately and voluntarily, can be accepted as conclusive proof of confessed facts.
  • A retracted admission has no value while a retracted confession can form the basis of a conviction.
  • An admission is generally subject of civil cases while a confession is generally concerned with criminal trial.
  • An admission cannot be used used as  a confession while when confession falls sort of categorical admission of offence, it may be used as an admission.