LAW OF EVIDENCE 613
Confessions are a sub-species of “statements” and a species of admissions.
The following table illustrates the relationship.
Statements
Those which amount to Those which do not admissions amount to admissions
Admissions which amount Amount which do not to confessions amount to confessions
The common feature of confessions and admissions is that they are both of them are statements made by the party to the proceedings.
Two questions arise.
I. A statement is an admission even though it is not made by the party himself. If it is made by a person defined in Sections 18-20 it will be an admission. Can a statement rank as a confession if it is made not by the Accused himself but by persons specified in Sections 18-20.
To be a Confession, it must be by the Accused himself. If it is not by the accused it is not a Confession :
An exculpatory statement by the Accused is not a Confession.
An inculpatory statement by the Accused which involves him but does not incriminate him is not Confession.
An inculpatory statement which not only involves but also incriminates is a Confession.
Points to be noted.
- The incrimination may be direct or may be by inference. A statement which can by itself be the foundation of conviction is a confession.