Evidence Act 30 vs BSA 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence
Section 30 of the Indian Evidence Act is now section 24 of the Bharatiya Sakshya Adhiniyam, in force from 1 July 2024. 99% of the old wording is kept; 2 words removed and 55 words added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
Evidence Act section 30Consideration 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.––“Offence”, as used in this section, includes the abetment of, or attempt to commit, the offence. 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.
BSA section 24Consideration 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 of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.