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

Indian Evidence Act, 1872

Section 30 IEA at a Glance

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

Now BSA

Section 24 →

Section 30 IEA Bare Act Text

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.

Source: Section 30, Indian Evidence Act, 1872

Section 30 IEA in Simple Words

Section 30 of the Indian Evidence Act, 1872 lets a court consider a proved confession against a co-accused person. The rule applies only when more than one person is tried together for the same offence.

For Section 30 IEA to apply, a confession by one of the accused persons must be proved. The confession has to implicate the person who made it and also another person in that joint trial. When that happens, the court may consider the confession against both the maker and the other accused person.

Under the Explanation to Section 30 IEA, the term offence has a wider meaning. It includes abetment (aiding or encouraging the commission of an offence) and attempting to commit the offence. When the maker is not tried jointly, the court cannot consider the statement against the accused person on trial.

When Section 30 IEA Applies

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

Example of Section 30 IEA

In 2021, Anita and Farhan are tried jointly in a court in Pune for the same theft offence. During the trial, the prosecution proves a confession in which Anita admits committing the theft together with Farhan. The proved statement implicates both the person who confessed and the co-accused person facing the same trial. Under Section 30 IEA, the court in Pune may consider the confession by Anita against Farhan as well.

When Section 30 IEA Does Not Apply

  • A confession made by a person who is not being tried jointly with the accused person on trial cannot be considered by the court against that accused person.
  • Section 30 IEA does not apply unless the proved confession implicates both the person making it and another person in the joint trial.

Section 30 IEA in the BSA

Section 30 IEA is now covered under Section 24 BSA.

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.

View detailed comparison (IEA 30 vs BSA 24) →

FAQs on Section 30 IEA

What is Section 30 IEA?▼

Section 30 of the Indian Evidence Act, 1872 lets a court consider a proved confession against a co-accused person in a joint trial. The confession must implicate both the maker and the other person tried for the same offence.

Can a court under Section 30 IEA consider a confession made by someone who is not being tried jointly?▼

No. Section 30 IEA requires the maker and the other accused person to be tried together for the same offence. When the maker is not tried jointly, the court cannot consider the statement against the accused person.

Must a court always rely on a co-accused confession under Section 30 IEA?▼

No. Section 30 IEA says the court may consider the proved confession, which leaves the choice to the court.

Does Section 30 IEA apply when the joint trial is for abetment or an attempt to commit an offence?▼

Yes. The Explanation to Section 30 IEA states that an offence includes abetment and attempting to commit the offence.

What is Section 30 IEA in BSA?▼

Section 24 BSA. From 1 July 2024, Section 30 IEA became Section 24 BSA with the earlier Explanation numbered as Explanation I. Section 24 BSA also adds Explanation II, treating a trial in the absence of an absconding or proclaimed accused as a joint trial.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·