Consideration of proved confession | A is being tried for the murder of X. There is evidence to show that X was murdered by A and B and that B said-A and I murdered X. Is the aforesaid confession by B admissible against A?

Question: Consideration of proved confession | A is being tried for the murder of X. There is evidence to show that X was murdered by A and B and that B said—A and I murdered X. Is the aforesaid confession by B admissible against A. Can this statement be taken into consideration by the court against A? [U.P.C.J, 2016, UPAPO, 1988, U.P.H.J.S. 1998, Bihar J.S. 1979]

Find the answer to the mains question only on Legal Bites. Consideration of proved confession | [A is being tried for the murder of X. There is evidence to show that X was murdered by A and B and that B said—A and I murdered X. Is the aforesaid confession by B admissible against A. Can this statement be taken into consideration by the court against A]

Answer

The confession of one of two or more accused jointly tried for the same offence can be taken into consideration against the co-accused under section 30 of the Indian Evidence Act.

Section 30 of the Indian Evidence Act talks about Consideration of proved confession affecting a person making it and others jointly under trial for the same offence.

It states “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.”

This section comes into play when more than one person is jointly accused of the same offence. Here, if one of the co-accused makes a confession regarding himself and some other such persons, the court will take that confession into account against the accused and his co-accused.

The facts of the present case in hand are borrowed from the illustration (b) appended to section 30. In the case, when 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.

Under this section, a confession by one person may be taken into consideration against another only

1. If both of them are tried jointly;- There should be a joint trial of the accused. The joint trial should be legal. If from any cause the accused who made the confession cannot be legally tried with the accused against whom the confession is to be used, the court should not attach any value to the confession.
2. If they are tried for the same offence; and

However, in the present case A and B are not being jointly tried for the commission of murder of X. Thus, one of the basic essentials for applicability of section 30, the Indian Evidence Act fails to be satisfied. Hence, the confession by B cannot be made admissible against A by virtue of the principle of section 30 of the Indian Evidence Act.

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Important Mains Questions Series for Judiciary, APO & University Exams

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