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

Summary

When more than one person is being tried together for the same offence, and a confession made by one of them is proved in court, that confession can be considered by the court not only against the person who made it, but also against the other person or persons being tried jointly with him, provided the confession affects both the maker and those others.

Explanation I clarifies that the word "offence" in this section includes the abetment of the offence, or an attempt to commit the offence.

Explanation II states that a trial of more than one person 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, is to be treated as a joint trial for the purpose of this section.

The first illustration gives an example: 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.

The second illustration gives a contrasting example: A is on trial for the murder of C. There is evidence 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, because B is not being jointly tried with A.

Official Text

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.

Sections referred to

• BNSS §84 — Proclamation for person absconding

Related Judgments

• DIPAKBHAI JAGDISHCHANDRA PATEL vs STATE OF GUJARAT AND ANOTHER — Supreme Court of India (2019)
• STATE OF MAHARASHTRA vs KAMAL AHMED MOHAMMED VAKIL ANSARI & ORS — Supreme Court of India (2013)
• TOFAN SINGH vs STATE OF TAMIL NADU — Supreme Court of India (2020)

Old <-> New Code Mapping

• IEA §30 — Consideration of proved confession affecting person making it and others jointly under trial for same offence