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Confession vs. admission



Confession is statement made by person charged with crime admitting to be guilty. It is an admission of guilty made to another by a person charged with a crime. It is admissible in court only if free and voluntary i.e. if it is not forthcoming because of any inducement or threat held out by a person in authority. It must not be made under hope of reward (other than spiritual) or fear of punishment in related to the proceedings. The onus of proof that confession was voluntary is in the Republic. See DPP vs. Lin[1975] 3 WLR 419.

Admission refers statement, oral, written or inferred from conduct, made by or on behalf of a party to a suit and admissible in evidence, if relevant, as against his interest. Admission is either ormal or informal. 

Note: Formal admission for purpose of trial may be made on pleadings e.g. where a contract and breach are admitted. Informal admission may be made before or during the proceedings. In criminal proceedings admission may be by plea of guilty, by a statement of facts by the accused, or in the form of a confession.

Note also that: Admission are governed by Part II of the Evidence Act, 1967 whereas confession are governed by Part III of the Evidence Act, 1967.

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