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?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:
- They are being triedĀ jointly Ā for theĀ same offence
- The confession implicates both the maker and the co-accused
- The confession is used only asĀ corroborative evidence , not as substantive proof.
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