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A is tried for C's murder. B is tried in a separate proceeding; neither accused is absent through absconding or failure to comply with a proclamation. There is evidence that A and B murdered C and…

Question and options

A is tried for C's murder. B is tried in a separate proceeding; neither accused is absent through absconding or failure to comply with a proclamation. There is evidence that A and B murdered C and that B said, 'A and I murdered C.' Under the Bharatiya Sakshya Adhiniyam, 2023, B's statement against A is

  1. excluded solely because every co-accused confession is hearsay

  2. to be considered as direct evidence against A

  3. not to be taken into consideration because A and B are not jointly tried

  4. to be considered merely because A and B participated in the offence

Answer and explanation

Correct answer: C - not to be taken into consideration because A and B are not jointly tried

Section 24 illustration (b) excludes B's statement against A where B is not jointly tried. Explanation II adds specified trials in an absconding or non-compliant accused's absence as deemed joint trials; an ordinary separate trial does not qualify.

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