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Admission and confession notes are documents that serve different purposes in various contexts. Admission notes are typically used in the medical field to document a patient's admission to a hospital or other healthcare facility. They typically include information about the patient's medical history, current symptoms, and treatment plan. Confession notes, on the other hand, are used to document a person's confession of guilt or wrongdoing. These notes may be used in criminal investigations or legal proceedings as evidence of guilt.
In the medical context, admission notes serve as an important tool for healthcare professionals to keep track of a patient's care and treatment. They provide a comprehensive overview of the patient's health status, including any underlying medical conditions, current medications, and treatment plans. This information is essential for ensuring that the patient receives the best possible care and for coordinating care among different healthcare providers.
Confession notes, on the other hand, are used to document a person's acknowledgement of guilt or wrongdoing. These notes may be used in criminal investigations or legal proceedings as evidence of guilt. In some cases, a confession note may be used to negotiate a plea bargain or to reduce the severity of charges against a defendant.
Both admission and confession notes are important for documenting and communicating important information in different contexts. In the medical field, admission notes help healthcare professionals to provide the best possible care to their patients, while confession notes play a crucial role in the legal process by providing evidence of guilt.
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It was also stated in a case Types of Confession Judicial Confessions Confessions made to a Magistrate 164 CrPC or before any court can be considered as judicial confessions. This document is not only admissible in court, but it is also a powerful and significant piece of evidence. We may also define the confession in other words that the admission by the accused in the criminal proceedings is a confession. A confession, like admission, can be judicial or extra-judicial. Unless the authenticity of the electronic record produced is in question, oral admissions about the contents of electronic records are irrelevant. Even though the law is pretty clear on confessions and admissions, overlaps are bound to happen because of the variety of cases that come before the courts.
The person to whom the representation is made has changed his position to his detriment in the case of estoppel. A confession or confessional statement is when a person accused of a crime makes any declaration against him that could be used to show his guilt. Hence, they must be considered in collaboration with other evidence on the record. Section 24 to 30 of Indian Evidence Act deals with confessions. F An admission may be made by an agent in course of business. Confessions should always be made voluntary for it to be a relevant statement as already discussed in Section 24.
This section is meant to reach a compromise between parties and avoid litigation. The inference that the statement should suggest that he is guilty of a crime. Only statements made by the accused whereby he states that he committed the offence or which suggests the inference that he committed the offence is a Confession 4. Rule of caution is generally undertaken by the court in situations where a criminal is turning over another criminal, then such should not be looked at unless there is some corroboration. Allowing the inclusion of improperly obtained evidence by the English court, the question that readily comes to mind is: to what extent is the method to improperly obtained evidence sufficiently balanced in the English law, or should an exclusionary rule extended to include the fruit of the poisonous tree principle be adopted? Zahra is a student at Aligarh Muslim University, pursuing a 5-year B. The law is only concerned with the confession being free and voluntary, hence, even if deception or fraud is being employed or the person is inebriated or if he is made to answer questions, he was not supposed to, the confession made through all these methods is admissible.
Admissions can be divided into two categories: i judicial admissions, and ii extra-judicial admissions. It is the case of the prosecution that Dr A. Yash disputes the fact that Naman owes Kunal rent, and if Yash denies that Naman owed Kunal rent, a statement by Naman that he owed Kunal rent is an admission and a Levant fact against Yash. The Indian Evidence Act, 1872 As always, evidence is the crux of every case before a court of law. It is the case of the prosecution that on 22-12-1987 one Dr A. Example : If X is charged with the murder of Y, If X said that he has killed B, it is a confession.
Judicial admissions are admissible under Section 58 of the act and are substantive. The court cannot remove the exculpatory part out of a statement and deliver a decision on the basis of the inculpatory part of the statement. That apart, before relying on the confession, the court has to be satisfied that it is voluntary and it is not the result of inducement, threat or promise as envisaged under Section 24 of the Act or brought about in suspicious circumstances to circumvent Conclusion:- As to what should be the legal approach of the Court called upon to convict a person primarily in the light of the confession or a retracted confession has been succinctly summarized in Bharat vs. The court is to view the confession under two lights: that the confession was voluntary, and that it was trustworthy. Although Zahra is keenly interested to pursue ADR Alternate Dispute Resolution as a career, she has kept her options open and is interested in examining the different career prospects that her profession has to offer.
Here it has two exceptions: 1 When a person is entitled to give secondary evidence of the contents of some documents, he can rely on oral admission; 2 When the original is lost or in the possession of the opposing party, secondary evidence of the contents of a document can be given under section 65. Hence, all confessions are admissions but not all admissions are confessions. Bose that confession is a weak type of evidence. Admission vs Estoppel Admission Estoppel Admission is a statement made orally, in writing, or electronically that implies any inference about the fact in question or a relevant fact. Second, when a statement has a variety of traits and involves a mixture of confessional comments that culminate in the acquittal of the person making the confession, it cannot be regarded as a confession. Presence of these three or any of these three components while making a confession would make it an irrelevant confession. The court held that his liability can be inferred from the statement and was held liable for murder and robbery.
There are two types of confession—judicial and extra-judicial. Section 23: In civil cases, when a statement or an admission is made without prejudice, it is not relevant. EVIDENTIARY VALUE Though it is presumed that a person will not make a false statement which can be used against him as evidence, yet confession is considered as a weak type of evidence. Estoppel is regarded as conclusive proof of superior quality. It should be made with the intention of being bound by it, and should be able to exist independently without having to adduce evidence in support of it.
In Pakala Narayana v. Section 24 merely states that a confession will not be admissible in court if it is caused by an inducement, threat or promise emanating from a person in authority. The respondent challenged that order in the High Court. A confession incriminates the person making it, i. They operate only in so far as they can be used as estoppel. J Admission can be either in favor or against the party making it Confession is always against the party making it.
But such admission can also form into a particular type of character which is called the confession, and such can attract fatal consequences. Consequently, the courts have over the years stated that judicial officers have a duty to assist unrepresented accused persons. The terms explained under Section 25 of this Act has vital importance which makes sure that any confession made by the accused to the police officer under any circumstances until provided, is totally not admissible as evidence in a court of law against the accused to prove his guilt. The concept of admission is commonly associated with civil procedures, and section 17 deals especially with the admittance definition. In order to do so, the court will need to assess all the facts and circumstances of the case, compare the confession with the rest of the evidence of the case, and then decide whether the confession fits naturally with the surrounding events, which will lead to the confession being true. In other terms, confession is an admission by the accused. Such admissions are frequently made during negotiations between the parties or their officials to settle a claim that later becomes the subject of litigation, and the people who make the admission typically secures the privilege by specifying that the communications are without prejudice.
An overview of Admission and Confession under Indian Evidence Act 1872
The gamut of the bar contemplated under Sections 25 and 26 of the Evidence Act, is however marginally limited by way of a proviso thereto, recorded in Section 27 of the Evidence Act. The former refers to a confession made in Court during the trial or one made to a Magistrate as per Section 164 of the Code of Criminal Procedure, 1973. Extra judicial admissions are informal and made outside of the proceedings in court. Admissions can be either formal or informal. State Of Maharashtra vs Kamal Ahmed Mohd. The court said that either she did not know who the father was or she was admitting that the child is illegitimate. Confession made by one or two or more accused jointly tried for the same offense can be taken into consideration against the co-accused.
