Consideration of proved confession affecting person making it and others jointly under trial for same offence.
What this section does
When two or more persons are jointly tried for the same offence and a confession by one of them implicating himself and others is proved, the Court may take that confession into consideration against the other accused as well. 'Offence' includes abetment of or attempt to commit the offence. A trial held in the absence of an absconding accused (who has failed to comply with a proclamation under BNSS s.84) is deemed a joint trial for this purpose.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
A co-accused's confession proved at a joint trial may be considered against all other accused implicated therein, but cannot be used where the confessor is not jointly tried.
When it applies
- A and B are jointly tried for murder; A's confession stating 'B and I murdered C' may be considered by the Court against B.
- A is tried alone for murder; B (not jointly tried) had said 'A and I murdered C' — that statement cannot be considered against A.
Practitioner note
The Supreme Court has consistently held that a co-accused's confession is a weak form of evidence and must be corroborated before it can be acted upon against the other accused: Kashmira Singh v. State of MP AIR 1952 SC 159.
Derived from IEA s.30.
Read the official text
For the binding statutory text of BSA Section 24, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 24 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.