Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter II
30. Consideration of proved confession affecting person making it and others jointly under trial for same offence
Feedback & supportWhen more persons than one are being tried jointly for the same offence, and a confession made by one of those persons affecting himself and some other of those persons is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession.
court
“court” means a court established by or under Part IX of the Federal Constitution and includes— (a) a Judge; (b) a Sessions Court Judge; (c) a Magistrate; and (d) except an arbitrator, every person legally authorized to take evidence;
(Deleted by Act A324).
Explanation— “offence” as used in this section includes the abetment of or attempt to commit the offence.
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.
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.