Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 30BSA 24

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

Canonical: https://www.vakilpedia.com/iea-30-to-bsa

What changed

  • 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."

Drafting-ready

Under Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 30 of the Indian Evidence Act, 1872)...

Bare act text — BSA 24

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. 18 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 procl amation 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.

Frequently asked

What is IEA 30 equivalent in BSA?

IEA Section 30 (Consideration of proved confession affecting person making it and others jointly under trial for same offence) corresponds to Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 30 and BSA 24?

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."

How do I cite BSA 24 in a pleading?

Under Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 30 of the Indian Evidence Act, 1872)...

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