CHAPTER II.––OF THE RELEVANCY OF FACTS · ADMISSIONS

Section 30: Consideration of proved confession affecting person making it and others jointly under trial for same offence

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.

¹[Explanation.––“Offence”, as used in this section, includes the abetment of, or attempt to commit, the offence.]²

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.

Footnotes in the official text

1.Ins. by Act 3 of 1891, s. 4 (w.e.f. 13-2-1891).
2.Cf. the Indian Penal Code (45 of 1860), Explanation 4 to s. 108.

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

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

BSA 24

Leading cases

State (NCT of Delhi) v. Navjot Sandhu (2005)In the Parliament attack case the Court held a POTA confession inadmissible against co-accused, upheld Mohd. Afzal's conviction and death sentence, convicted Shaukat only under Section 123 IPC, and upheld the acquittals of S.A.R. Gilani and Afsan Guru.

Questions on this section

2 questions in 10 of our papers cite Section 30. Try these from the free papers:

1. Under Explanation II to Section 24 of the BSA, a trial of more persons than one held in the absence of an accused who has absconded, or who fails to comply with a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023:

Practise questions on Criminal Law