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Report No. 185

19. Substitution of sections 29 and 30.-

For sections 29 and 30 of the principal Act, the following sections shall be substituted, namely:-

"29. Confession otherwise relevant not to become irrelevant because of promise of secrecy etc.- (1) If a confession is otherwise relevant, it does not become irrelevant merely becaus.-

(a) it was made

(i) under a promise of secrecy, or

(ii) in consequence of a deception practised on the accused person for the purpose of obtaining it, or

(iii) when he was drunk, or

(iv) in answer to questions which he need not have answered, whatever may have been the form of those questions.

(b) the accused person was not warned that he was not bound to make such confession, and that evidence of it might be given against him.

(2) Subject to the provisions of section 463 of the Code of Criminal Procedure, 1973, nothing contained in sub-section (1) shall make a confession relevant which is recorded in contravention of the provisions of sub-section (2) of section 164 of that Code.

30. Consideration of proved confession affecting person making it and others jointly under trial for same offence or offences.- When more persons than one are being tried jointly for the same offence or offences, and a confession made, before the commencement of trial, by one of such persons affecting himself and some other of such persons in respect of same offence or all the offences affecting himself and some other of such persons is proved, the Court may, where there is other relevant evidence against such other person or persons, take into consideration such confession as lending credence against such other person or persons 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.

Illustrations

(a) A and B are jointly tried for murder of C. It is proved that A sai.- "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 sai.- "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."



Review of the Indian Evidence Act, 1872 Back




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