Bharatiya Sakshya Adhiniyam
BSA 24 was IEA 30.
Consideration of proved confession affecting person making it and others jointly under trial for same offence.
Carried over
91% of the old wording kept
Old · IEA 1872 · Ch. II
s. 30
Consideration of proved confession affecting person making it and others jointly under trial for same offence
When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may OF THE RELEVANCY OF FACTS take into consideration such confession as against such other person as well as against the person who makes such confession. 3°(Explanation.—"Offence" as used in this section, includes the abetment of, or attempt to commit, the offence.?] Illustratiorts
(a) A and Bare jointly tried for the murder of C. It is proved that A said-"B and I murdered C*. The Court may consider the effect of this confession as against B
(b) A is on his trial for the murder ofC. There is evidence to show thatCwas murdered by A and B, and that Bsaid-"A and I murdered C". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 24
Consideration of proved confession affecting person making it and others jointly under trial for same offence.
When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession.
Explanation I.--"Offence", as used in this section, includes the abetment of, or attempt to commit, the offence.
Explanation II.--A trial of more persons than one held in the absence of the accused who has absconded or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of this section
Illustrations.
(a) A and B are jointly tried for the murder of C. It is proved that A said--"B and I murdered C". The Court may consider the effect of this confession as against B.
(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said-- "A and I murdered C". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.
Text from India Code