Question
Under the Bharatiya Nagarik Suraksha Sanhita, 2023,
when is a trial of multiple persons considered a "joint trial" for the purpose of section 24 of the Bharatiya Sakshya Adhiniyam ?Solution
When an accused absconds or fails to comply with a proclamation issued under Section 84, and the trial of the remaining persons proceeds, Explanation: BharatiyaSakshyaAdhiniyam Section 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 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.
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