Section 30 IEA permits the court to take into consideration the confession of a co-accused:
Answer & Solution
Correct answer: B.
1. Section 30 IEA: '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.'
2. The conditions are (i) joint trial; (ii) for the same offence; (iii) confession affects himself and another.
3. Kashmira Singh v. State of M.P. (1952) cautioned that a Section 30 confession is WEAK evidence — it cannot be the sole basis of conviction; corroboration is needed.
4. The provision is a departure from the strict rule that a confession is admissible only against the maker; it must be construed strictly.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — Indian Evidence Act, Section 30; Kashmira Singh v. State of M.P., AIR 1952 SC 159_
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