Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 24: Consideration 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.
Brefe Detail
Section 24 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the relevance of confessions made by one accused in a joint trial. If one person confesses and implicates others, the court can consider this confession not only against the confessor but also against the others involved in the trial. The section clarifies that an offence includes attempts and abetments and outlines conditions under which joint trials are recognized.
Question & Answers
What happens when multiple persons are tried jointly for the same offence?
If one person confesses and implicates others, the confession can be considered against both the confessor and the others in the trial.
What does "offence" include in this section?
"Offence" includes both the abetment of and attempts to commit the offence.
Can a confession made by one accused be used against another not being tried together?
No, a confession by one accused cannot be used against another accused who is not being jointly tried.
What is the significance of absconding accused in a joint trial?
If an accused absconds or fails to comply with a proclamation, the trial continues as a joint trial for the purpose of this section.
Example
Example 1: A and B are jointly tried for the murder of C. A confesses, saying, "B and I murdered C." This confession can be considered against both A and B.
Example 2: A is tried for the murder of C, and there is evidence that B said, "A and I murdered C." Since B is not jointly tried with A, this statement cannot be considered against A.
Summary
Section 24 of the Bhartiya Sakshya Adhiniyam, 2023, allows for confessions made by one accused in a joint trial to be used against other accused individuals. It emphasizes that confessions affecting multiple persons can be relevant, while also defining the scope of "offence" and clarifying conditions for joint trials.
