Bharatiya Sakshya Adhiniyam, 2023 - Act No. 47 of 2023

Section 24 BSA 2023: Consideration of Proved Confession Affecting the Maker and Others Jointly Under Trial

Section 24 in brief: When two or more persons are being tried jointly for the same offence and a confession made by one of them, affecting both the maker and another jointly tried person, is proved, the Court may take that confession into consideration against the other person as well as against its maker. The provision also contains special explanations concerning abetment, attempt and certain trials involving an absconding accused.

Text of Section 24 - Bharatiya Sakshya Adhiniyam, 2023

24. 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 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.

Section 24 forms part of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the central law governing rules and principles of evidence for judicial proceedings. The BSA is Act No. 47 of 2023 and came into force on 1 July 2024.

Official text: Bharatiya Sakshya Adhiniyam, 2023 - India Code.

Meaning and Scope of Section 24 BSA

The provision deals with the evidentiary use of a confession made by one accused when more than one person is jointly tried for the same offence. The statutory expression "may take into consideration" makes the existence of a qualifying joint trial, a proved confession and the persons affected by that confession central to the operation of the section.

The BSA does not separately define the word "confession" in Section 2. In the context of Section 24, the expression must therefore be read with the statutory rules governing confessions, including Section 22 BSA and Section 23 BSA.

Essential Conditions for Applying Section 24

For Section 24 to operate, the statutory requirements should be examined together:

Requirement	What Section 24 requires
More than one person	There must be two or more persons within the joint-trial setting contemplated by the section.
Same offence	The persons must be tried jointly for the same offence. Explanation I expressly includes abetment of, or attempt to commit, that offence.
Confession by one such person	The confession must be made by one of the persons falling within the statutory joint-trial framework.
Confession affects maker and another	The confession must affect both its maker and at least one other such person.
Confession is proved	The confession must first be proved in accordance with the applicable law of evidence.

Explanation II and Section 84 of the BNSS

Explanation II is an important feature of Section 24 BSA. It provides that a trial of more than one person may be treated as a joint trial for this section even when it proceeds in the absence of an accused who has absconded or who fails to comply with a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Section 84 BNSS concerns a proclamation for a person who has absconded or is concealing himself so that a warrant cannot be executed. The Court may publish a written proclamation requiring that person to appear at a specified place and time, subject to the statutory conditions and procedure.

Official source for the related procedural law: India Code. See also the site's overview of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Statutory 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.

Section 24 BSA and the Earlier Evidence Act Provision

Section 24 BSA substantially carries forward the rule formerly contained in Section 30 of the Indian Evidence Act, 1872 concerning a confession affecting a co-accused in a joint trial. The BSA additionally places the absconding-accused situation expressly in the statutory text through Explanation II.

Important: Section 24 should not be read in isolation. Whether a particular statement is admissible or can be proved may also depend on the other BSA provisions governing confessions, the manner in which the statement was made, and the procedural facts of the case.

Related BSA Provisions

For the surrounding statutory scheme, see Section 21 - Admissions in civil cases when relevant, Section 22 - Confession caused by inducement, threat, coercion or promise, Section 23 - Confession to police officer, and Section 25 - Admissions not conclusive proof, but may estop.

This page is intended for general legal information and statutory reference. For litigation or case-specific advice, consult the current official text and applicable judicial decisions.