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 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. 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.
Bharatiya Sakshya Adhiniyam
Section 24
Consideration of proved confession affecting person making it and others jointly under trial
⚡ Quick Answer Reference: Section 24 BSA
- Provision: Section 24 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section allows a court to consider a confession made by one person against others being tried jointly for the same offence.
What does Section 24 of BSA say?
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What does Section 24 of BSA mean?
Plain English Explanation
This section allows a court to consider a confession made by one person against others being tried jointly for the same offence.
Practical Interpretation
In joint trials, a confession by one defendant can be used as evidence against co-defendants if it affects them and they are being tried for the same offence.
Core Legal Purpose
The purpose is to enable the court to consider relevant confessions in joint trials, ensuring a fair trial by allowing such evidence to be taken into account.
- •More than one person must be jointly tried for the same offence.
- •A confession must be made by one of the persons being tried, affecting themselves and some other co-defendants.
- •The confession must be proved in court.
- •The court has discretion to consider the confession against co-defendants.
Practical Example of Section 24 BSA
Rajesh and Priya are jointly tried for the theft of a valuable item. Rajesh confesses, stating 'Priya and I stole the item'. The court can consider this confession as evidence against Priya as well, since they are being tried jointly for the same offence.
Frequently Asked Questions about Section 24 BSA
Q: What is the punishment or consequence under Section 24 of BSA?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the admissibility of confessions in joint trials.
Q: Does this section apply to private individuals or public entities?
This section applies to any person being tried jointly for the same offence, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not classify offences as bailable or cognizable. It is a procedural provision related to the consideration of confessions in joint trials.
Common Questions about Section 24 BSA
What is Section 24 of BSA?
Section 24 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Consideration of proved confession affecting person making it and others jointly under trial". In plain terms: This section allows a court to consider a confession made by one person against others being tried jointly for the same offence.
What are the elements of Section 24 of BSA?
The essential elements of Section 24 of BSA are: More than one person must be jointly tried for the same offence.; A confession must be made by one of the persons being tried, affecting themselves and some other co-defendants.; The confession must be proved in court..
What is the IPC equivalent of Section 24 of BNS?
Section 24 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 26 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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