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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Difference between Admission and Confession
1. Use in Favour of Maker
2. Statement by Co-Accused
3. Effect of Voluntary Statement
Quick Recall Line👉 Admission may help the maker; confession usually harms the maker.
1. Use in Favour of Maker
- Admission:
- Can be used in favour of the maker in exceptional cases (Section 19).
- Confession:
- Cannot be used in favour of the accused.
2. Statement by Co-Accused
- Admission:
- Admissible only against the maker
- Not admissible against co-accused even if jointly tried
- Confession:
- May be taken into consideration against co-accused only when jointly tried
- Must clearly amount to a confession
3. Effect of Voluntary Statement
- Admission:
- Voluntary admission may operate as estoppel
- Confession:
- Voluntary confession may lead to conviction
Quick Recall Line👉 Admission may help the maker; confession usually harms the maker.
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