Evidence Act · Chapter II · Of the relevancy of facts

Evidence Act section 30 in the BSA

Evidence Act 30BSA 24

Evidence Act section 30, “Consideration of proved confession affecting person making it and others jointly under trial for same offence”, is now BSA section 24 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 30 to BSA 24

Now BSA section 24, with the same rule on confessions affecting co-accused. A new Explanation II treats a joint trial in which an accused has absconded or not answered a proclamation as a joint trial.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 30 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.––“Offence,” as used in this section, includes the abetment of, or attempt to commit, the offence.

(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.

Bharatiya Sakshya Adhiniyam, 2023

Section 24 Consideration of proved confession affecting person making it and others jointly under trial for same offence

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).