Section 30 of the Indian Evidence Act is an exception to the general r…

Question

Section 30 of the Indian Evidence Act is an exception to the general rule that a confession is evidence only against its maker. Under Section 30, when may the confession of a co-accused be considered against another co-accused?

Accepted Answer

D. {'text': 'Where two or more accused are being tried jointly for the same offence, and one of them has confessed before a magistrate in the prescribed manner', 'label': 'D'}

1. Section 30 of the Indian Evidence Act is the **joint-trial exception** to the confessor-only rule.
2. The lesson states: "The confession made in front of magistrate recorded is admissible against its maker is also admissible against co-accused under Section 30."
3. The pre-conditions are: (i) joint trial; (ii) for the same offence; (iii) the confession was lawfully made and recorded.
4. Police-recorded confessions are barred by Section 25; only judicial confessions can be used under Section 30.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 11 (Indian Evidence Act, 1872), pp. 251-272._

Answer

{'text': 'Where the confession was recorded by a police officer of any rank in the course of investigation under any provision of the Code of Criminal Procedure regardless of the form of the trial', 'label': 'A'}

Answer

{'text': 'Where the confession was made privately to a close relative and the relative has produced a duly authenticated written record of the confession in the present case', 'label': 'B'}

Answer

{'text': 'Where the co-accused has subsequently absconded after the confession was recorded and is no longer present in the country at the time of trial under the Code', 'label': 'C'}