ADMISSION AND CONFESSION

ADMISSION

1.An admission is a statement   of fact. It accepts that the fact   asserted by the opponent is true, hence, that fact need not be proved.

2.Admission is usually applied to   civil proceedings and consists of. All statements made by the party, his agent, legal representative or person   with derivative interest.

3.It is immaterial to whom the   admission is made

4.An admission is not a conclusive   proof of the matter admitted but may act as an estoppel.

CONFESSION

1.A   confession is an admission made by the accused stating or suggesting the   inference that inference that he committed the time.

2.A   confession is applied to criminal proceedings and must be made by the   accused, before the Magistrate

3.A   Confession is relevant only if it is made in the presence of a Magistrate   during Police Investigation Sn. 164 Cr. P.C.

4.'A   accused tells the Police. That he has thrown the dagger into a well. And that   he committed murder with that dagger, Held: the first statement of fact is   discovered (fact) in consequence of information given by the accused. But,   the second statement is not admissible as it amounts to a confession in   police custody.

5.A   confession always goes against the accused who makes it.

6.A   confession made voluntarily and deliberately, may be accepted as conclusive   in itself, of the matter confessed.

7.Eg.   : A and B jointly tried for murder. A said B and 1 murdered C. The Court may consider the effect of such   confession.

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