Bharatiya Sakshya Adhiniyam, 2023
BSA Section 24
Consideration of proved confession affecting person making it and others jointly under trial for same offence
In one line
BSA Section 24 deals with consideration of proved confession affecting person making it and others jointly under trial for same offence and replaces Evidence Act 30.
Bare act text — BSA 24
24. 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 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.
What changed from the Evidence Act
- Evidence Act 30 → BSA 24: A new explanation II is added, mentioning that "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."
Frequently asked
What was BSA Section 24 in the Evidence Act?
BSA Section 24 (Consideration of proved confession affecting person making it and others jointly under trial for same offence) replaces Section 30 of the Indian Evidence Act, 1872. Evidence Act 30 is now BSA 24.
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Nearby BSA sections
- BSA 19 — Proof of admissions against persons making them, and by or on their behalf
- BSA 20 — When oral admissions as to contents of documents are relevant
- BSA 21 — Admissions in civil cases when relevant
- BSA 22 — Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
- BSA 23 — Confession to police officer
- BSA 25 — Admissions not conclusive proof, but may estop
- BSA 26 — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- BSA 27 — Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
- BSA 28 — Entries in books of account when relevant
- BSA 29 — Relevancy of entry in public record or an electronic record made in performance of duty