BSA Section 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence (formerly IEA 30)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence
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.
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.
What it replaced in the Evidence Act
BSA 24 ← IEA 30 · Consideration of proved confession affecting person making it and others jointly under trial for same offenceChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: A new explanation II is added, mentioning that "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."
Printed in both official correspondence tables (BPR&D and NCRB).
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.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 30
They remain the law on IEA 30. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 3.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 11.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.