Lawgist30Consideration 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.
1[Explanation. -- "Offence" as used in this section, includes the abetment of, or attempt to commit, the offence.]2
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.
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1. Ins. by Act 3 of 1891, s. 4.
2. Cf. the Indian Penal Code (Act 45 of 1860), Explanation 4 to s. 108.
- 17 Admission defined
- 18 Admission –– by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived
- 19 Admissions by persons whose position must be proved as against party to suit
- 20 Admissions by persons expressly referred to by party to suit
- 21 Proof of admissions against persons making them, and by or on their behalf
- 22 When oral admissions as to contents of documents are relevant
- 22A When oral admission as to contents of electronic records are relevant
- 23 Admissions in civil cases when relevant
- 24 Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
- 25 Confession to police-officer not to be proved
- 26 Confession by accused while in custody of Police not to be proved against him
- 27 How much of information received from accused, may be proved
- 28 Confession made after removal of impression caused by inducement, threat or promise, relevant
- 29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
- 30 Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 31 Admissions not conclusive proof, but may estop
