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      Question

      Under Section 24 of the Bharatiya Sakshya Adhiniyam,

      2023, regarding confessions by co-accused in joint trials, which of the following statements is MOST accurate?
      A A confession by one co-accused is substantive evidence that can be the sole basis for convicting another co-accused Correct Answer Incorrect Answer
      B Explanation II to Section 24 provides that a trial held in the absence of an accused who has absconded or failed to comply with a proclamation under Section 84 of BNSS shall NOT be deemed a joint trial Correct Answer Incorrect Answer
      C The confession of a co-accused can only be considered against other persons if they are being tried jointly for the same offence, and the confession implicates both the maker and the co-accused Correct Answer Incorrect Answer
      D Section 24 applies only to the main offence and does not extend to abetment or attempt to commit the offence Correct Answer Incorrect Answer
      E The testimony of one accomplice can ordinarily be corroborated by the testimony of another accomplice to establish the guilt of a co-accused Correct Answer Incorrect Answer

      Solution

      Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 allows the court to take into consideration a confession made by one person affecting himself and some other persons being tried jointly for the same offence. However, this is subject to important limitations. The confession can be considered against co-accused only when:

      1. They are being tried jointly  for the same offence
      2. The confession implicates both the maker and the co-accused
      3. The confession is used only as corroborative evidence , not as substantive proof.

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