612 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
A objects that he cannot singly or severally be made liable and that B should be joined as a co-defendant being jointly liable.
An admission by B to D as to his joint liability is relevant between A and C and may be proved.
D may prove it although B is not called.
§ Confession
Evidence may be given of a confession provided it be not expressly excluded whether made to a private person or to a Magistrate.
That a confession was made is a fact which must be proved like any other fact.
9 Mad. 224 (240).
5 Lah. 140.
4 All. 46 (94).
8 W.R. Cr.28.
- Two Questions arise :
I. What is a Confession.
II. What are the cases in which the Evidence of a Confession is excluded.
I. What is a Confession :
The Act contains no definition of the term Confession.
The definition of the term is therefore a matter of judicial interpretation.
A confession is a statement. An Admission is also a statement although the one is a statement by an accused while admission may be statement by a party. Two questions arise :
(1) What is the precise difference between Confession and Admission.
(2) When is a statement by the accused a Confession and when it is an admission.
- Statements made by an Accused person belongs to a class which the Evidence Act calls “admissions” (sections 17,18) and…...they are evidence against the maker but not in his favour.