Section 30 of Indian Evidence Act, 1872
Section 30 of Indian Evidence Act, 1872 deals with the topic of 'Consideration of proved confession affecting person making it and others jointly under trail for same offence'
From the Act
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]
(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.
Related Cases / Recent Cases / Case Law
- Nathu vs State of Uttar Pradesh AIR 1956 SC 56
- Sidheswan Ganguly vs State of West Bengal AIR 1958 SC 143
- Section 24: Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
- Section 25: Confession to police officer not to be proved
- Section 26: Confession by accused while in custody of police not to be proved against him
- Section 27: How much of information received from accused may be proved
- Section 28: Confession made after removal of impression caused by inducement, threat or promise relevant
- Section 29: Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
- Section 31: Admissions not conclusive proof, but may be stopped Statements by persons who cannot be called as witnesses
- Section 32: Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant