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 I.--"Offence", as used in this section, includes the abetment of, or attempt to commit, the offence.
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
Illustrations.
(a) 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.
(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". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.
Explanation I.--"Offence", as used in this section, includes the abetment of, or attempt to commit, the offence.
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
Illustrations.
(a) 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.
(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". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.
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More sections of this act
Section 1 · Short title, application and commencement.Section 2 · Definitions.Section 3 · Evidence may be given of facts in issue and relevant facts.Section 4 · Relevancy of facts forming part of same transaction.Section 5 · Facts which are occasion, cause or effect of facts in issue or relevant facts.Section 6 · Motive, preparation and previous or subsequent conduct.Section 7 · Facts necessary to explain or introduce fact in issue or relevant facts.Section 8 · Things said or done by conspirator in reference to common design.India Code, Government of India. Text fetched 09 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.