Section 24 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

 

Section 24: Effect of Confession Made by One Co-Accused on Others

Context:
Section 24 deals with the impact of a confession made by one accused person when multiple persons are being tried together for the same offense.

What does Section 24 say?

When more than one person is tried jointly for the same offense, and if one accused person makes a confession that implicates both themselves and the other accused(s), such a confession may be considered as evidence against the other accused persons as well.

In other words, the confession by one co-accused can be used by the court against other co-accused who are facing trial together for the same crime.

Key Points and Interpretations:

Joint Trial:
The provision applies only when multiple accused are tried together in the same case for the same crime.

Effect of Confession:
If one accused makes a confession, and that confession mentions or implicates the others who are tried along with them, the court can use that confession against the other accused too.

What is "Offense"?
The term offense here includes not only the main crime but also the act of supporting or abetting the crime or attempting it.

Absence of an Accused:
Even if one accused is absent (for example, if they have absconded or failed to comply with certain legal proclamations under the Indian Citizenship Security Code, 2023), the trial of the other accused together may still be considered a "joint trial" under this section.

Examples to Illustrate:

Example 1:
Suppose A and B are jointly tried for the murder of C. If A confesses and says, "B and I killed C," then this confession can be used against B in court, even if B did not make any confession themselves.

Example 2:
Suppose only A is tried for the murder of C, and B is not part of the trial. If B has made a confession saying, "A and I killed C," the court cannot use B’s confession against A because they are not being tried jointly.

Purpose and Significance:

This section allows the court to evaluate the confession of one accused against others when they are jointly facing trial.

It aims to ensure justice by allowing the court to consider relevant confessions that might reveal the involvement of all accused in a collective crime.

However, it also respects the principle that such confessions should only be considered when the accused are tried together; otherwise, using such confessions against someone who is not part of the joint trial would be unfair.

Summary:

Section 24 of the BSA, 2023, governs how a confession made by one co-accused can be treated in a trial involving multiple accused persons.

It extends the effect of a confession to all persons jointly tried for the same offense, ensuring that the court can rely on such confessions as evidence against others involved.

But this is strictly limited to joint trials and does not apply if accused persons are tried separately.

 

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