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

Bharatiya Sakshya Adhiniyam, 2023

Section 24 BSA at a Glance

Section 24 BSA deals with consideration of proved confession affecting person making it and others jointly under trial for same offence. It replaced Section 30 IEA on 1 July 2024.

Was IEA

Section 30 →

Section 24 BSA Bare Act Text

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.

Source: Section 24, Bharatiya Sakshya Adhiniyam, 2023

Section 24 BSA in Simple Words

Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court consider a proved confession against a co-accused person. The rule applies when more than one person is tried together for the same offence.

For Section 24 BSA to apply, a confession by one of the accused persons must be proved. The statement must implicate both the person who made it and another person in that joint trial. When that happens, the court may consider the confession against the other accused person and against the maker.

Under Explanation I to Section 24 BSA, an offence includes abetment (aiding or encouraging an offence) and any attempt. When the maker is not tried jointly, the court cannot consider the statement against the accused person on trial.

Explanation II to Section 24 BSA covers a trial of more than one person when an accused person is absent. It applies if the absent accused person has absconded (fled or hidden to avoid trial). It also applies when that accused person disobeys a proclamation under Section 84 BNSS. In either situation, the trial counts as a joint trial under Section 24 BSA.

When Section 24 BSA Applies

  • More than one person is on trial together for the same offence.
  • 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.
  • The court may consider the proved confession against the other accused person in addition to the maker.
  • The offence in the joint trial includes abetment or an attempt to commit that offence under Explanation I.
  • 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.

Example of Section 24 BSA

In August 2024, Priya and Ramesh face a trial in Bhopal for the same robbery offence. Because Ramesh has absconded, the court in Bhopal holds the trial in the absence of that accused person. During the trial, the prosecution proves a confession in which Priya admits committing the robbery together with Ramesh. Under Explanation II to Section 24 BSA, the proceeding counts as a joint trial despite the absence of Ramesh. Under Section 24 BSA, the court in Bhopal may consider the proved confession by Priya against Ramesh as well.

When Section 24 BSA Does Not Apply

  • A confession made by someone who is not being tried jointly with the accused person on trial cannot be considered by the court against that accused person.
  • Section 24 BSA does not apply unless the proved confession implicates both the maker and another person in the joint trial.

Section 24 BSA in the IEA (Previous Law)

Section 24 BSA replaces Section 30 IEA from the old criminal code.

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.

FAQs on Section 24 BSA

What is Section 24 BSA?▼

Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court consider a proved confession against a co-accused person in a joint trial. The confession must implicate both the maker and another person tried for the same offence.

Can a confession that only blames a co-accused person without implicating its maker be used under Section 24 BSA?▼

No. Section 24 BSA applies only when the proved confession implicates both the person making it and another accused person in the joint trial.

Does Section 24 BSA make a proved confession by a co-accused person binding on the court?▼

No. Section 24 BSA states that the court may take the confession into consideration, so considering it is permissive.

Can the court consider a confession under Section 24 BSA if the maker is tried separately?▼

No. When the person who made the statement is not being tried jointly with the accused person on trial, the court cannot consider that statement against the accused person.

What is Section 24 BSA in IEA?▼

Section 30 IEA. Before 1 July 2024, the main rule and Explanation I were in Section 30 IEA. Explanation II on trials held in the absence of an absconding or proclaimed accused person was added in Section 24 BSA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·