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.
1[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.
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1. Ins. by Act 3 of 1891,
s. 4.
2. Cf. the Indian Penal Code (Act 45 of 1860), Explanation 4 to s. 108.
Section 21 Proof of admissions against persons making them, and by or on their behalf
Section 22 When oral admissions as to contents of documents are relevant
Section 22A When oral admission as to contents of electronic records are relevant
Section 23 Admissions in civil cases when relevant
Section 25 Confession to police-officer not to be proved
Section 26 Confession by accused while in custody of Police not to be proved against him
Section 27 How much of information received from accused, may be proved
Section 29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc