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Section 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence.

The Bharatiya Sakshya Adhiniyam, 2023Central Act · Act 47 of 2023

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.

Where this provision sits

ActThe Bharatiya Sakshya Adhiniyam, 2023
Section24
Marginal noteConsideration of proved confession affecting person making it and others jointly under trial for same offence.
JurisdictionCentral
StatusIn force as published by the source

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