Define Confession, types of Confession ,Evidentiary value of confession.

In this post following are explained-
1.Confession
2.Types of confession
3.Evidentiary value of confession
4.Admission
5.Difference between confession and admission

                  Confession-

Definition-

Stephen define the confession in following words- " Confession is such a admission which is made by an accused of an offence and  in the confession the accused admits or suggesting the inference that he committed that crime."
       In the case of Pakala Narayana Swami, Privy Council define the confession - "the term confession cannot be understood in  a way that it is such a statement of any accused  which suggest the inference that he committed that crime .Confession must admit either directly the offence or  at least those fact which create an offence.

Essential elements of Confession-

1. It is made by the person who is accused of an offence.

2. He admits the offence.

3. It is Made voluntarily i.e. must be free from inducement ,threat or promise.

4. It is made before the court.

Types of Confession-

Confession is of two type-

1. Judicial confession

2. Extra judicial confession

Judicial Confession-

         Such confession which is made by the accused before the court.

Extra judicial Confession-

        Such Confession which is made by the accused outside the court before any other person.

          Two elements are necessary for acceptance of extra judicial confession in evidence-

a). It must be made voluntarily.

b). Reliability of a person before which it has been made.

Evidentiary value of Confession- 

 Voluntary confession is considered to be conclusion proof. Accused may be convicted only basis of voluntary confession.

Ground for rejection of Confession in evidence-

 Section 24 -    confession caused by inducement, threat or promise.

Section 25- confession to police officer not to be proved.

Section 26- confession by accused while in custody of police not to be proved against him.

When Confession is relevant in evidence-

Section 28- Confession made after removal of impression caused by inducement , threat or promise ,relevant.

Section 29- Confession otherwise relevant not to become irrelevant because of promise of secrecy.

Section 30- confession of co accused.

Two cases where Confession is relevant but not admissible-

1. A confession made by any person to his or her spouse is relevant but not admissible being a privileged communication.(section122)

2. A confession made by any person to his advocate , pleaders , or vakil is relevant but not admissible being a privileged communication.
(Section 126)

Admission-

Section 17 of Indian Evidence Act 1872 define the admission.

' An admission is such oral or written statement which suggests any inference towards  any fact in issue for relevant fact and which is made by any party or any other person on his behalf.'

Thus Admission is such statement by which any fact in issue or relevant fact may be inferred.

Illustration- X brings suit for the recovery of money against Y. It is written in the book of account of Y that he has taken loan from X. It is admission of liability against him.

Essential element of admission

The following are the essential element of admission-

1. Admission is statement, oral or written or contained in electronic form.

2. Such statement suggest any inference as to any fact in issue or relevant fact.

3. It is made by any party, agents, representative of persons whose position is in issue.

Types of admission

 Admission is mainly of following types-

1. Judicial admission

It is also called formal admission. It is made before the court during any judicial proceeding.

2. Extra judicial admission

It is also called informal or casual admission .Such an admission normally occurs in the natural course of discussion in life. It does not exist in record of the court.

3. Admission by conduct

Several times the conduct of parties also becomes admission. such  admission is more powerful than verbal admission.

Sometimes ,silence is also an admission when anyone says anything and the other does not reply and keep silence ,then it is an admission by conduct.

Who can make admission?

The following person can make admission-

1. Parties to the suit.(section 18)

2. Agents for parties.(section 18)

3. Person occupying representative character.(section 18)

4. Persons having pecuniary or proprietary interest in the subject matter.(section 18)

5. Persons from whom the parties derive their interest.(section 18)

6. Persons whose position is in issue or is relevant.(section 19)

7. Persons expressly referred to.(section20)

Effect of admission

According to Section31 of Indian Evidence Act ,1872-

• an admission is not conclusive proof of the matter admitted.

• admission may operate as estoppel.

• admissions are prima facia evidence against the person making them.

Difference between Admission and confession-

Following are the main difference between admiissad and confession-

1. Admission is a statements which suggest any inference as to any facts in issue or relevant fact whereas confession is an admission in which any person admits that he had committed that crime.
2.Admission is made by parties, agents, representative and person having interest in subject matter whereas Confession is made by accused only.
3.Admission may be used in favour of  person making it whereas Confession is used against the person making it.
4. Admission by one person cannot be an evidence against other person whereas Confession by one co-accuesd may be used against the other co-accuesd of the same trial.
5.An admission mader under the promise of secrecy not relevant .(Section 23 of Evidence act)
Whereas Confession obtained  under the promise of secrecy is relevant (section 29)
6. Admission is not a conclusive proof of admitted facts whereas voluntarily Confession is considered to be a conclusive proof.
7. Admission is species whereas Confession is sub-species.
8. Generally admission is used in civil matters whereas Confession is used in criminal matter.

Every confession is admission, but every admission is not confession-

Above analysis shows that every confession contains admission, but every admission does not contain confession.
As we have seen above Admission is such statement which suggest inference regarding any fact in issue or relevant fact. If such statement is made in civil matters, it is called admission and if such statement is made by the person who is alleged of any offence, it is called confession.
In the case of Sahu Vs. State of U.P. (A.I.R 1966 SC40), it has been said by the Supreme Court that the person committing offence admits the offence in confession whereas there is no such thing in admission. Admission is generally made in civil matters.
Admission of the offence is an essential element of the confession whereas only in admission there is no acceptance of offence.

Whole Confession must be considered-

The important fact regarding confession is that the confession must be accepted as a whole or rejected completely. It cannot either occur that the part of confession admitting the committing of offence is accepted and the statements showing innocence are not accepted.
In the case of 'Palvinder Kaur Vs. State of Punjab (A.I.R.1952 S.С. 354), the statement of confession was containing few words which showed the involvement of the accused in the offence whereas few others showed innocence. The Supreme Court saidt hat the best rule of applicability of confession is that either the whole confession must be accepted or the whole must be rejected. The court do not have the right to deem the statements admittingc ommission of offence to be reliable and statements getting set free of offence to be non-reliable.
There is also a similar case of Jaswant Singh Vs. State of Rajasthan (A.I.R. 1966 Rajasthan 83). In this case, the accuseds aid that, "when his wife killed his children and thereafter committed suicide, he was there in the room." Court said that the part which described that he was present at the place of incident cannot be separated from the text.