Consideration of proved confession affecting person making it and others jointly under trial for same offence
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Summary
When several people are tried together and one of them makes a proved confession that also implicates another, the court may treat that confession as against both the confessor and the other accused. 'Offence' covers abetment and attempt. A trial held in the absence of an accused who has absconded or ignored a proclamation is treated as a joint trial for this purpose.
Example
Ravi and Priya are jointly tried for theft from a shop. Ravi tells police 'Priya and I stole from the shop' and his confession is proved. The court may consider Ravi's confession as evidence against Priya as well.
Bare Act
Enacted textWhen 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.
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(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.
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(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.
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