Saturday, 8 February 2014

Difference between admission and confession



Confession: A statement by which an individual acknowledges his or her guilt in the commission of a crime
Judicial Confession -  A judicial confession is a confession that is made in front of a magistrate or in a court. It may be made in the course of a judicial proceeding.
Extra - Judicial Confession -  An extra-judicial confession is a confession that is made by the party elsewhere than before a magistrate or in a court
Difference between admission and confession
Admission is a matter of civil suit but confession is a matter of criminal case.
Judicial Magistrate takes the confession but he has no power to take admission as he has no jurisdiction over the civil suit.
All confessions may be recognized as an admission but all admissions are not confession.
Admission is a genus whereas confession is a species.
An admission may be made from any of the party of the civil suit but a confession must be made by accused.
Admission is taken according to the procedure stated in Code of Civil Procedure 1908 whereas Confession is taken according to the procedure stated in section 164 of Code of Criminal Procedure 1898
Confession is acceptance of guilt in a crime or wrong doing while admission is the acknowledgment of a statement or a fact
Admission is used mostly in civil cases while confession is used mostly in criminal cases
An accused can retract from confession made earlier, but retraction from admission is not possible
Confession is made by the accused while admission can be made by others also
All confessions may be recognized as an admission but all admissions are not confession.

A confession must be made before the Judicial Magistrate or in front of the court whereas admission may be made to any person outside of the court.

A confession is admissible only when it fulfills the conditions mentioned under article 37 to 43 of the Qanon-e-shadat order, while an admission is admissible under article     to    of the Qanon-e-shadat order.

Confession given freely can be treated as a conclusive proof of guilt but admission related with the fact in issue or relevant fact; it is not a conclusive proof of evidence.

Confession of guilt by an accused person to a police officer cannot be proved in criminal proceeding where admission of guilt by a person to a police officer may be proved in civil proceeding.

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