In this article, we will introduce you to Bharatiya Sakshya Adhiniyam Section 24. In today’s article we will talk about what is Bharatiya Sakshya Adhiniyam (BSA Section 24)?
The Bharatiya Sakshya Adhiniyam, 2023 aims to unify and establish standardized rules and principles of evidence to ensure fair trials in criminal cases. The previous Indian Evidence Act has become outdated and does not adequately address the requirements of the modern era. This new Bill intends to overhaul the evidence laws by updating them to reflect current public needs and aspirations.
Definition of Bharatiya Sakshya Adhiniyam (BSA) Section 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 1- “Offence”, as used in this section, includes the abetment of, or attempt to commit, the offence.
Explanation 2- 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.
