IEA 30→BSA 24

IEA 30 to BSA 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence

Section 30 IEA (1872) replaced by Section 24 BSA (2023)

View IEA Section 30 →View BSA Section 24 →

IEA 30 to BSA 24 at a Glance

Section 30 IEA (Consideration of proved confession affecting person making it and others jointly under trial for same offence) is now Section 24 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 30 to BSA 24?

Section 30 of the Indian Evidence Act, 1872 became Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Explanation II is new: 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 BNSS, is treated as a joint trial for this section. The old Explanation is now Explanation I.

IEA 30 vs BSA 24: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section3024
HeadingConsideration of proved confession affecting person making it and others jointly under trial for same offenceSame

IEA 30 and BSA 24: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 30, IEA 1872

30. Consideration of proved confession affecting person making it and others jointly under trial for same offence.—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.—“Offence,” as used in this section, includes the abetment of, or attempt to commit, the offence. 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.
BSA 2023 (in force)

Section 24, BSA 2023

24. Consideration of proved confession affecting person making it and others jointly under trial for same offence.—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.

When It Applies: IEA 30 vs BSA 24

Under IEA 30
  1. More than one person is on trial together for the same offence.
  2. One of those accused persons has made a confession that implicates both the maker and another person in the joint trial, and that confession is proved.
  3. The court may consider the proved confession against the other accused person in addition to the maker.
  4. The offence for which the accused persons are tried together includes abetment or an attempt to commit that offence.
Under BSA 24
  1. More than one person is on trial together for the same offence.
  2. One of those accused persons has given a confession that implicates both the maker and another person in the joint trial, and the confession is proved.
  3. The court may consider the proved confession against the other accused person in addition to the maker.
  4. The offence in the joint trial includes abetment or an attempt to commit that offence under Explanation I.
  5. Under Explanation II, a trial of more than one person held in the absence of an accused person who absconded or disobeyed a proclamation under Section 84 BNSS counts as a joint trial.

What IEA 30 to BSA 24 Means in Practice

The main rule on considering a proved confession against a co-accused person in a joint trial is unchanged, and the old Explanation became Explanation I. Section 24 BSA adds Explanation II, treating a trial held in the absence of an absconding or proclaimed accused person as a joint trial. For matters governed by the BSA, a party should cite Section 24 BSA.

FAQs: IEA 30 to BSA 24

How does Explanation II in Section 24 BSA change the joint trial requirement from Section 30 IEA?▼

Under Explanation II to Section 24 BSA, a trial of more than one person held in the absence of an accused person who absconded or disobeyed a proclamation under Section 84 BNSS counts as a joint trial. Section 30 IEA did not contain this explanation.

What happened to the Explanation in Section 30 IEA when it became Section 24 BSA?▼

The earlier Explanation stating that an offence includes abetment and attempt was retained without change and numbered as Explanation I in Section 24 BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·