Indian Evidence Act, 1872 · Chapter II: Of the Relevancy of Facts · Admissions
Section 30: Consideration of proved confession affecting person making it and others jointly under trial for same offence
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
When several persons are tried jointly for the same offence, and a proved confession by one affects both themselves and others, the court can take it into consideration against the others too. "Offence" includes abetment and attempt.
Example: A and B are tried jointly for murdering C, and A said "B and I murdered C". The court may consider this against B. It could not if B were not being jointly tried.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.]2
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 30
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Manoj Tejraj Jain v. State of Gujarat
Challenge to the judgment of the High Court whereby the appeals filed by the appellants herein were dismissed against the judgment of the trial court convicting them for offences u/ss.25A and 29, Narcotic Drugs and…
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Narayan Yadav v. State of Chhattisgarh
Whether the High Court erred in passing the impugned judgment relying on the confessional FIR filed by the appellant-accused himself and the medical evidence to uphold his conviction, however, altering it from s.302,…
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P Krishna Mohan Reddy v. The State of Andhra Pradesh
Whether the statement of an accused u/s.161, Cr.P.C implicating co-accused can be looked into qua such co-accused at the stage of anticipatory bail or regular bail; whether the High Court exercised its discretion in a…
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Renuka Prasad v. The State Represented by Assistant Superintendent of Police
Whether the High Court erred in reversing the acquittal and convicting the accused persons based on the testimony of the IOs which was founded only on s.161, CrPC statements of the witnesses; whether present was a case…
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Prem Prakash v. Union of India Through
When a person is in judicial custody/custody in another case investigated by the same Investigating Agency, whether the statements recorded (in the present case, the statements dated 03.08.2023, 04.08.2023, 11.08.2023)…
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Arvind Kejriwal v. Directorate of Enforcement
Validity of arrest of the appellant under Section 19 of the Prevention of Money Laundering Act, 2002; scope and ambit of the Courts to examine the legality of the arrest under Section 19; whether the Court while…
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Kalinga @ Kushal v. State of Karnataka By Police Inspector Hubli
Whether the extra judicial confession of the appellant-accused was admissible, credible and sufficient for his conviction thereon for the murder of his brother-PW-1’s son; whether the testimony of PW-1 could be termed…
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