Admission
and Confession
recording
and use in evidence.
@1
Introduction
:-
Admission plays a very important part in judicial proceedings. If one
party to a suit or any other proceeding proves that the other party
has admitted his case, the work of the court becomes easier.
Admission has been dealt with in section 17 to 23 and 31. The
intervening sections ie.24 to 30 are devoted to confession.
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Definition
and meaning of Admission-
As
per Section 17 of Indian Evidence Act, An 'admission'
is a statement, oral or documentary, or contained in electronic form
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, hereinafter mentioned.
An 'admission'
is a statement of fact which waives or dispenses with the production
of evidence by conceding that the fact asserted by the opponent is
true.
Admissions
are admitted because the conduct of a party to a proceeding, in
respect to the matter in dispute, whether by acts, speech or writing,
which is clearly inconsistent with the truth of his contention, is a
fact relevant to the issue.
Admissions
are very weak kind of evidence and the court may rejects them if it
is satisfied from other circumstances that they are
untrue.(Rajapratap
Bahadur Singh-Vs-Raja Rajgan Maharaja, 1977(3)-SCC-540).
In
Thiru
John-Vs-Returning officer, AIR-1977-SC-1724,
Hon' Apex court observed that, admission as defined in section 17 to
20 and fulfilling the requirements of sec.21are substantive evidence.
Propio
vigore. An
admission is the best evidence against the party making it and,
though not conclusive, shifts the onus to the maker on the principle
that what a party himself admits to be true may be reasonably
presumed to be true so that until the presumption is rebutted the
fact admitted must be taken to be true.
@3
To
whom admission is made-
It is immaterial to whom an admission is made. The value of
admission depends upon circumstances in which it is made and to whom
it is made.(Rakesh
Wadhawan-Vs-Jagdambha
Industrial Corporation,AIR-2002-SC-2004).
An admission made to a stranger is relevant. Admissions are as much
binding on the Crown as ordinary persons.
@4
Distinction
between Admission and Confession-
In English law term 'admission'
is used in civil cases; whereas the term 'confession'
is used in criminal cases as acknowledgment of guilt. This
distinction is not maintained in the Evidence Act, and sec.17 to 22
are applicable to civil as well as criminal cases. Statements by the
accused are admissions under sec.17 and 18, and prima facie evidence
against the maker, but not in his favour.
The word 'confession'
has not been defined anywhere. A 'confession'
is an admission made at any time by a person charged with a crime,
stating or suggesting the inference that he committed the crime.
Statement is a genus, admission is the species and confession is the
sub-species. A confession, therefore, is a statement made by an
accused admitting his guilt.
(Sahoo-Vs-State
of U.P. AIR-1966-SC-40). When
a party accepts his statement made in earlier proceedings, it amounts
to admission.
@5
Admissions
in criminal proceedings
–
Every admission made by an accused person is not, in the view of
the law, a confession, nor can it be held that admissions mean only
statements made by parties to civil proceedings, and do not include
statements made by parties in criminal proceedings. Every statement,
oral or documentary, which suggests any inferences as to any fact in
issue or relevant fact made by an accused person is an admission
under sec. 17 and 18, and under sec. 19 an admission may be proved
as against the person who makes it unless, under some provision of
the Evidence Act or other law, it is rendered inadmissible.
Under
sec. 24 to 26 statements made by accused persons are inadmissible,
subject to the provisions of sec. 27 to 29, when such statements are
confessions. A confession which is inadmissible may yet for other
purposes be admissible as an admission under sec. 18 against the
person who makes it in civil matters. Thus, admission of guilt by a
person to a police officer, though not receivable in evidence in a
criminal trial, may be proved in civil proceedings as an admission
under this section and sec. 18 and 21.
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.Admissions
in publication
-
The
court said that statements made in a book, though cannot be regarded
as conclusive admissions, they can be taken as an additional
circumstances along with the other circumstances for determining
whether the conduct of the party amounted to waiver and/or
abandonment of the right in respect of the articles in
question.(Karan
Singh-Vs-State of J.& K., 2004(5)-SCC-698).
@7
.Oral
or documentary - Judicial or Extra-judicial Admissions
-
Admissions may be oral or contained in documents, e.g.,
letter, depositions, affidavits, plaints, written statements, deeds,
receipts, horoscopes. Admissions in pleadings are judicial
admissions. They can be made the foundation of rights.
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.Persons
whose admissions are relevant-
List
of persons whose admissions are relevant is to be found in the
provisions of section 18 to 20. Admissions made by any other persons
are not receivable in evidence.
@9.
Persons
by whom an admission must be made-
Sections
18 and 19 indicate the persons by whom an admission must be made.
Section 18 lays down five classes of persons who can make admissions-
(1)
Party to the Proceeding.
(2)
Agent authorized by such party.
(3)Party
suing or sued in a representative character making admissions while
holding such character.
(4)Person
who has any proprietary or pecuniary interest in the subject-matter
of the proceeding during the continuance of such interest.
(5)Person
from whom the parties to the suit have derived their interest in the
subject-matter of the suit during the continuance of such interest.
@10.
Section
19- Admission by persons whose position must be proved as against
party to suit-
Object-The
object of this section is not to lay down that certain statements are
relevant or admissible but merely to add to the category of persons
by whom a statement may be made before it can be considered to be an
admission within the terms of the Act.
Principle-This
section forms an exception to the rule that statements made by
strangers to a proceeding are not admissible as against the parties.
@11
,Section
20- Admissions by persons expressly referred to by party to suit-
Statements
made by persons to whom a party to the suit has expressly referred
for information in reference to a matter in dispute are admissions.
This section forms another exception to the rule that admissions by
strangers to a suit are not relevant. Under it the admissions of a
third person are also receivable in evidence against, and have
frequently been held to be in fact binding upon, the party who has
expressly referred another to him for information in regard to an
uncertain or disputed matter.
@12.
Section
21-Proof of admissions against persons making them and by or on their
behalf-
This
section lays down as a general rule that admissions are relevant and
may be proved against the person who makes them or his representative
in interest. but they cannot be proved by or on be half of the person
who makes them or by his representative in interest, except in the
following cases :-
(1)
An admission may be proved by or on behalf of the person making it,
when it is of such a nature that, if the person making it were dead,
it would be relevant as between third persons under section 32.
(2)
An admission may be proved by or on behalf of the person making it,
when it consists of a statements of the existence of any state of
mind of body, relevant or in issue, made at or about the time when
such state of mind or body existed, and is accomplice by conduct
rendering its falsehood improbable.
(3)
An admission may be proved by or on behalf of the person making it,
if it is relevant otherwise than as an admission.
The
principle laid down in this section must be taken subject to sec. 24,
25 and 26 of this Act and sec. 164 and 201 of the Criminal Procedure
Code. A confessions made to a Magistrate but not recorded by him,
under sec. 164 of the Code of Criminal Procedure, cannot be proved by
tendering the oral evidence of the Magistrate.
The
scheme of sec. 21 to 27 shows that this group of sections relate to
admissions of which a confession made by an accused is a species and
to certain circumstances which may prohibit the proof of such
confessions or admissions. A confession is a kind of admissions and
there is no clear-cut line of demarcation between the two. Again,
admissions may be relevant in civil as well as in criminal cases, and
admissions that might be proved in civil cases are not inadmissible
in criminal cases as such.
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,Section
22- When oral admissions as to contents of documents are relevant.
The
contents of document which is capable of being produced must be
proved by the instrument itself and not by oral evidence. Oral
admissions as to contents of document are excluded under this
section. They are however admissible when the party is entitled to
give secondary evidence of the contents of such document under sec.65
and 66. Such admissions are also admissible when the genuineness of
the document produced is in question.
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,Section
22 A- When oral admission as to contents of electronic records are
relevant.
This
section has been inserted by I.T. Act 2000. The purpose of this new
section is to provide for the circumstances in which an oral
admission could be proved as to the contents of an electronic record.
The section disallows the evidence of oral admission as to the
contents of an electronic record. It may be proved in evidence when
the genuineness of the record has been questioned.
@15,
Section
23- Admissions in civil cases when relevant.
In
civil cases an admission is not relevant when it is made
(1)upon
an express condition that evidence of it is not to be given, or (2)
under circumstances form which the court can infer that the parties
agreed together that evidence of it should not be given.
@16,
Admissions
are relevant in subsequent proceeding on remand-
An
admission was made in the earlier round of proceedings when the
matter was before the trial court. The judgment of trial court was
set aside and the matter was remanded for consideration afresh. It
was held that the admission in question was a significant fact which
could not have been overlooked in the fresh trial for the purpose of
appreciation of evidence by the trial judge.(Standard
Chartered Bank-Vs-Andhra Bank Financial services Ltd.,
2006(6)-SCC-94).
@17
, Admission
of certain documents directly in evidence without formal proof-
In
para
32 of Criminal Manual
attention of the Magistrates and Judges is invited to section 294 of
Cr.P.C. according to which, the particulars of the documents filed
before the court shall be included in a list in the prescribed form
and the accused if any, shall be called upon to admit or deny the
genuineness of each such documents and if the genuineness of any
document is not disputed such document may be read in evidence in any
enquiry, trial or other proceedings, without proof of the signature
of the person to whom it purports to be signed which, however, the
court may in its discretion require such signature to be proved.
@18,
Production,
relevancy and admissibility of documents-
As
per para
33 of Criminal Manual-
(1) when the documents are sought to be produced in the courts, the
courts concerned should insist upon the list of such documents and
the production thereof being made in chronological or some other
methodical order.
(2)
Similarly, the courts concerned should determine as to whether
documents sought to be produced in the court are relevant and
admissible or not, at the time when the documents are sought to be
produced, and not at the time of the delivery of judgment.
As
per
para 35 of Criminal Manual-when
only a portion of document is admissible, a note should be made as
soon as the document has been proved and admitted into evidence. The
exclusion of the inadmissible portion of such documents should not be
left over for consideration at the time of writing judgment.
@19,
Confession-
According
to sec.24 of Evidence Act, a confession by an accused is irrelevant
if it is caused by (1)inducement; (2)threat; or (3) promise. The
inducement, threat or promise should have (a) reference to the charge
against the accused, (b) proceeded from a person in authority, and
(c) sufficiently given the accused person reasonable grounds for
supposing that by making the confession he would gain any advantage
or avoid any evil of a temporal nature in reference to the
proceedings against him.
@20,
A
confession is relevant -
(1)if
it is made after the impression caused by any such inducement, threat
or promise has been fully removed(sec.28);
(2)if
it is not made to a police officer(sec.25);
(3)if
it is made in the presence of a Magistrate when the accused is in the
custody of a police officer(sec.26).
@21,
Points
of difference between confession and admission-
A
confession differs from an admission:
(1)
A confession is a statement made by an accused person which is sought
to be proved against him in a criminal proceeding to establish the
commission of an offence by him; while an admission usually relates
to a civil transaction and comprises all statements amounting to
admissions as defined in sec.18.
(2)A
confession if deliberately and voluntarily made may be accepted as
conclusive in itself of the matters confessed; an admission is not a
conclusive proof of the matters admitted, but may operate as an
estoppel.
(3)A
confession always goes against the person making it; an admission may
be used on behalf of the person making it under the exceptions
provided in sec.21.
(4)The
confession of one of two or more accused jointly tried for the same
offence can be taken into consideration against the
co-accused(sec.30). But an admission by one of several defendants in
a suit is no evidence against another defendant.
@22,
How
much of the information received from accused may be proved (sec.27)-
This
section is founded on the principle that if confession of accused is
supported by the discovery of a fact it may be presumed to be true
and not to have been extracted. It comes into operation only:-
(1)
if and when certain facts are deposed to as discovered in consequence
of information received from an accused person in police custody; and
(2)
if the information relates distinctly to the fact discovered.
@23,
Object-The
object of this section is to admit evidence which is relevant to the
matter under enquiry, namely, the guilt of accused and not to admit
evidence which is not relevant to that matter. The discovery of a
material object is of no relevancy to the question whether the
accused is the guilty of the offence charged against him unless it is
connected with he offence. It is therefore the connection of the
thing discovered which renders its discovery a relevant fact.
@24,
Admissibility
of information received from accused-
Before
section 27 can come into play, there must be a fact discovered and
the fact must be discovered in consequence of some information
received from an accused person. The section lays down a further
qualification that the whole of the statement made by the accused in
consequence of which the fact is discovered is not admissible. Only
so much of the statement is admissible as relates distinctly to the
fact discovered. Therefore once a relevant fact is discovered by
reason of a statement made by the accused to a police officer, the
court must srcutinize the statement in ordert o find out which
portion of that statement bears a distinct relationship to the
discovery of the fact.
Sec.28-A
confession is admissible after the impression caused by an
inducement, threat or promise has been fully removed because it
becomes free and voluntary.
Sec.29-A
relevant confession does not become irrelevant because it was made-
(1)under
a promise of secrecy; or
(2)in
consequence of a deception practised on the accused; or
(3)when
the accused was drunk; or
(4)in
answer to questions which the accused need not have answered; or
(5)in
consequence of the accused not receiving a warning that he was not
bound to make it and that it might be used against him.
Sec.30
is an exception to the rule that the confession of one person is
entirely inadmissible against another. Under this section a
confession by one person may be taken into consideration against
another-(1) if both of them are tried jointly;
(2)if
they are tried for the same offence; and
(3)if
the confession is legally proved.
@25,
Extra
Judicial confession
:-
In
“Bhagwan Dass-Vs-State
(NCT) of Delhi,2011 (0) AIR(SC) 1863 : 2011 AIR(SCW) 2867” it
is observed that, An extra-judicial confession, if voluntary and true
and made in a fit state of mind, can be relied upon by the court. The
confession will have to be proved like any other fact. The value of
the evidence as to confession, like any other evidence, depends upon
the veracity of the witness to whom it has been made. The value of
the evidence as to the confession depends on the relia- bility of the
witness who gives the evidence. It is not open to any court to start
with a presumption that extra-judicial confession is a weak type of
evidence. It would depend on the nature of the circumstances, the
time when the confession was made and the credibility of the
witnesses who speak to such a confession. Such a confession can be
relied upon and conviction can be founded thereon if the evidence
about the confession comes from the mouth of witnesses who appear to
be unbiased, not even remotely inimical to the accused, and in
respect of whom nothing is brought out which may tend to indicate
that he may have a motive of at- tributing an untruthful statement to
the accused, the words spoken to by the witness are clear,
unambiguous and unmistakably convey that the accused is the perpe-
trator of the crime and nothing is omitted by the wit- ness which may
militate against it. After subjecting the evidence of the witness to
a rigorous test on the touch- stone of credibility, the
extra-judicial confession can be accepted and can be the basis of a
conviction if it pass- es the test of credibility.”
@26,
As
per para 17 of Criminal Manual-
Accused persons willing to make a confession should be taken for the
purpose before a Judicial Magistrate and, whenever possible, before
the Magistrate who will not eventually try the case.
Any
Metropolitan Magistrate or Judicial Magistrate may, whether or not he
has jurisdiction in the case, record any confession or statement made
to him in the course of an investigation under the code of criminal
procedure or any other law for the time being in force, or at any
time afterwards before the before the commencement of enquiry or
trial, as required by section 164 of Cr. P. C.
Para
18 of
Criminal
Manual
provides instructions for the guidance of Magistrate recording
confessions and statements under section 164 of Cr.P.C. Guidelines
for confessional statements are also given in “Kartar
Singh-Vs-state of Panjab-1994(3)-SCC-569”.
@27
, Recording
of confessional statement-
The
emphasis laid by the Hon' Supreme court on the Magistrate recording a
confession to satisfy himself by appropriate questioning of the
confessing accused that the confession is true and voluntary and
strict and faithful compliance with the provisions of sec.164 of the
code and the instructions issued in the Criminal Manual affords in a
large measure the guarantee that the confession is voluntary. The
failure to observe the safeguards prescribed therein are calculated
to impair the evidentiary value of the confessional statement.(State
of Maharashtra-vs-Surendraram Sankaratira, 2004-All M. R. -Cri-3098).
@28,
Precaution
needed in recording-
Accused
brought before Magistrate handcuffed in police custody. Magistrate
must ask specific questions to ensure that no physical or mental
pressure was put on him by investigating agency. Magistrate must also
ask why he wants to make the confessional statement which may
incriminate him. Magistrate should give sufficient time to accused
and also assure him of protection from any apprehended torture or
pressure in case of his refusal to make confession. Confession must
also be recorded in question-answer form. (Bhagwan
Singh -Vs- State of MP-2003(3)-SCC-21).
Satisfaction
of court-
Unless
the court is satisfied that the confession is voluntary in nature, it
can not be acted upon and no further enquiry as to whether it is true
and trustworthy need be made.(Shivappa-Vs-State
of Karnataka-AIR-1995-SC-980).
Confessional
statement: Test to determine:-
The
test is that the statement must be read as a whole and then only the
court should decide whether it contains admissions of incriminatory
involvement in the offence of accused. If the result of that test is
positive then the statement is confessional otherwise not.(Lokeman
Shah-Vs-State of W. B.-2001(5)-SCC-235).
@29,
In
the course of investigation: Recording of confession:-
There
is no necessity that police has to produce accused before a
Magistrate and ask for recording his confession. An accused himself
can ask for recording his confession before a Magistrate. But for
this, a Magistrate must have reason to believe that investigation has
commenced and the person asking for recording his confession is
concerned in such case, he can not record his confession by mere
asking by accused.(Mahabir
Singh-Vs-State of Haryana-2001(7)-SCC-148).
@30,
Conclusion
:-
In
India admission of facts is a proof against the party making the
admission but admission on a pure question of law is not binding on
the maker. Sec.17 to 20 define admission. Sec.21 gives as to which
party to a proceeding can use admission ie. it gives as to when an
admission by one person can be proved by another and when and in what
circumstances it can be proved by the person making the statement.
Sec.22 excludes the oral evidence against the contents of documents.
Sec.23 deals with relevancy in civil cases of admission made upon an
expressed condition that it shall not be given in evidence.
Admission
in criminal cases is almost same as defined in sec.17. Admission of
an accused is a statement by which he neither admits the guilt in
terms nor does he at any rate admit substantially all the facts which
constitute the offence. But from his statement an inference is
suggested that he might have committed the offence in question.
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