BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 24 — Consideration of proved confession affecting person making it and others jointly under trial for same offence.
Replaces Evidence Act Section 30.
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.
Nearby sections
- 21 Admissions in civil cases when relevant.
- 22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
- 23 Confession to police officer.
- 25 Admissions not conclusive proof, but may estop.
- 26 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
- 27 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.
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