The Law of Evidence - Page 633

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

  1. Evidence may be given of a confession provided it be not expressly excluded whether made to a private person or to a Magistrate.

  2. 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.

  1. 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 :

  1. The Act contains no definition of the term Confession.

  2. The definition of the term is therefore a matter of judicial interpretation.

  3. 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.

  1. 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.