evidence act sec. 30
arun
(Querist) 30 September 2009
This query is : Resolved
respected members,
tell me brifly about sec. 30 of evidence act.
adv. rajeev ( rajoo )
(Expert) 30 September 2009
Sec 30 : 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 person is proved, the court may take into considertation such confession as against such other person as well as against the person who make such confess.
Eg: A and B are arrested for the ofeence of murder of C. They are jointly tried during the trial A says that I and B murdered the C . The court may consier the effect of this cofession as against B.
In case of jointly trial one of the accused admits the offence that both are involved in committing offence. Such confession can be consdiered by the court.
adv. rajeev ( rajoo )
(Expert) 30 September 2009
When confession bercomes relevant: SEc 30:
Confessin becomes relevant only when it is shown that it was voluntarily made and that the statement was true.
Sachin Bhatia
(Expert) 30 September 2009
Sec 30. Consideration of proved confession affecting person making it and others jointly under trail for same offence.
charudureja
(Expert) 30 September 2009
such confession given by one accused can be used against the other accused only if both are tried jointly in the same trial.
Guest
(Expert) 30 September 2009
Sec.30 Evidence act deals with consideration of proved confession affecting person making it and others jointly under trial for the same offence.
In simple words when more than one persons are jointly tried for the same offence and one of them makes a confessionaffecting himself and such other personand it is proved , the court may take into consideratoin such confession against such other person and the person who makes it.
PJANARDHANA REDDY
(Expert) 30 September 2009
MR RAJEEV,WE CAN ALSO EXPLAIN IN THE OTHER WAY....SEC 30::
A is on his trail for the murder of C. There is evidence to show that C was murdered by A
and 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.
Adinath@Avinash Patil
(Expert) 01 October 2009
Mr.Arun,
You go thrugh the folleing case law you will find your answer.
1]confession-Admissability-Scope and effect of-Held -Genuineness of confession is to be decided on the basis of the extensive evidence which lends corroboration to confession.
[siddharth etc.v/s state of Bihar]
JT 2005[12]SC 310, 2005[10] SRJ 309.
2]Confession of co-accused can't be treated as substansive evidence to convict - other than maker of it-on the other evidentary value of it alone-
[Goverment of N.C.T.of Delhi v/s Jaspal Singh]
2003[9]SRJ 171. 2003[7]JT 302. 2003[6] scale 181.
3]Extrajudicial confession- Accused could not be jointly tried with appellants-Held- Entire evidence of confession recorded u/s 15 and extra judicial confession become inadmissable-And other reliable evidence was not available-Appellant acquitted.
[Hardeep Singh Sohal v/s State of Punjab through CBI]
2004[10] SRJ 291, 2004[8]JT 87,2004[8]scale 257,2004[7]Supreme 461.
Raj Kumar Makkad
(Expert) 01 October 2009
Completely agree with the opinion of Adinath sir.
arun
(Querist) 01 October 2009
thanks to all
J K Agrawal
(Expert) 11 October 2009
Mr Arun
General rule is that "confessions is admissible against the person only who confess."
Section 30 is exception of this rule and empowers a Court to use one confession against other co accused.
