A is under trial for the murder of C. Police believes that A and B had committed the murder of C jointly. Now in the court of law B admits as a witness that he and A had committed the murder of C joinlty. Now can this statement be used against A?
Vishal Gupta (lawyer) 12 August 2009
A is under trial for the murder of C. Police believes that A and B had committed the murder of C jointly. Now in the court of law B admits as a witness that he and A had committed the murder of C joinlty. Now can this statement be used against A?
Atul Goyal (Law) 12 August 2009
No my friend.. It cannot be used against A if B is one of the co-accussed because as per the Evidence Act, The statement of a co-accussed cannot be used againt the other accussed.. But if he is giving statement as a witness then it can be used against A.
SHEKHAR MISHRA (public servant) 13 August 2009
dear vishal
confession of a co-accused is admissible against other accused only when they are tried jointly for the same offence ,as per section 30 of evidence Act.
so,in the given case it is not admissible as because A and B are not tried jointly.
Vishal Gupta (lawyer) 16 August 2009
ok
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