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Which of the following section(s) of the Bharatiya Sakshya Adhiniyam, 2023 makes confession of…

Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 30 of the Indian Evidence Act, 1872) permits the court to consider a proved confession affecting its…

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Which of the following section(s) of the Bharatiya Sakshya Adhiniyam, 2023 makes confession of co-accused admissible?

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Answer and explanation

Correct answer A

Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 30 of the Indian Evidence Act, 1872) permits the court to consider a proved confession affecting its maker and another accused jointly tried for the same offence. It is not an unrestricted rule admitting every co-accused statement or making it sufficient by itself for conviction. Section 23(1) (formerly section 25) instead bars police confessions, and section 16 (formerly section 18) deals with admissions by a party or his agent.

Explanation II to section 24 adds that a trial held in the absence of an accused who has absconded, or who fails to comply with a proclamation under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is deemed a joint trial.

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