Report No. 185

Section 30

We do not think section 30 should be repealed. We recommend its retention in a modified form as follows:

"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."