Consideration of proved confession affecting person making it and others jointly under trial for same offence
Chapter 2: Relevancy of facts
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 19Proof of admissions against persons making them, and by or on their behalfEvidence Act 21
- 20When oral admissions as to contents of documents are relevantEvidence Act 22
- 21Admissions in civil cases when relevantEvidence Act 23
- 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceedingEvidence Act 24
- 23Confession to police officerEvidence Act 25, 26
- 25Admissions not conclusive proof, but may estopEvidence Act 31