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.

 

What is Proof of admissions against persons making them, and by or on their behalf Section 21 of Indian Evidence Act 1872

When oral admissions as to contents of documents are relevant When oral admission as to contents of electronic records are relevant What is admission in  civil cases Section 22, 22A and 23 of Indian Evidence Act 1872

Confession caused by inducement, threat or promise when irrelevant in criminal proceedings Section 24 of Indian Evidence Act 1872

What is the meaning of Confession to police officer not to be proved Is confession by accused while in custody of police not to be proved against him Section 25 and 26 of Indian Evidence Act 1872

How much of information received from accused may be proved Confession made after removal of impression caused by inducement, threat or promise, relevant Section 27 and 28 of Indian Evidence Act 1872

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

2023 (c) All Rights Reserved @aaptaxlaw.com