Evidence Act · 2014 Revised Edition · Chapter II
30. Consideration of proved confession affecting person making it and others jointly under trial for same offence
Official textFrom Attorney General's Chambers, unchanged
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.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
Explanation — “Offence” as used in this section includes the abetment of or attempt to commit the offence.
Illustrations
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.
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”.
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
This statement may not be taken into consideration by the court against A as B is not being jointly tried.
Admissions not conclusive proof but may estop.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
Part II
On proof
Chapter III
Chapter IV
Chapter V
Chapter VI
Part III