Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Consideration of proved confession affecting person making it and others jointly under trial for same offence. Section 29 and 30 of Indian Evidence Act 1872

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. and Consideration of proved confession affecting person making it and others jointly under trial for same offence. Provisions under these sections are:

 

Section 29 of Evidence Act "Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc."

If such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining, it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.


 

Section 30 of Evidence Act "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 makes such confession.

[ Explanation "Offence" as used in this section, includes the abetment of, or attempt to commit, the offence.]

Illustrations

(a) A and B are jointly tied 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.

Home     About Us     Privacy Policy     Disclaimer     Sitemap