Confession by co-accused can be considered against others when trials are joint, subject to statutory exceptions. When multiple persons are tried jointly for the same offence, the Court may take into consideration a proved confession by one accused that affects both the confessor and other accused tried jointly; 'offence' includes abetment and attempt. A trial held without an accused who has absconded or failed to comply with a statutory proclamation is deemed a joint trial for this purpose, permitting such confessions to be considered against absentees, whereas statements by persons not being jointly tried cannot be used against a defendant.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Confession by co-accused can be considered against others when trials are joint, subject to statutory exceptions.
When multiple persons are tried jointly for the same offence, the Court may take into consideration a proved confession by one accused that affects both the confessor and other accused tried jointly; "offence" includes abetment and attempt. A trial held without an accused who has absconded or failed to comply with a statutory proclamation is deemed a joint trial for this purpose, permitting such confessions to be considered against absentees, whereas statements by persons not being jointly tried cannot be used against a defendant.
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