Section 30 Indian Evidence Act

IEA 30 : Section 30 of the Indian Evidence Act:

Consideration of proved confession affecting person making it and others jointly under trial for same offence.—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.] 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. COMMENTS Accused's confession cannot be used against co-accused The statement of the accused leading to the discovery, or the informatory statement amounting to confession of the accused, cannot be used against the co-accused with the aid of section 303; Kamal Kishore v. State (Delhi Administration), (1972) 2 Crimes 169 (Del).

India's Important Case Laws and Landmark Judgments on IEA - Section 30 Indian Evidence Act 1872:

Mothilal And Anr. vs State By Circle Inspector on 22 June, 2001 Karnataka High Court 

Emperor vs William Cooper on 13 March, 1930 Bombay High Court 

The State Of Bihar vs Pankaj Kumar Singh & Anr. on 16 May, 2014 Patna High Court 

Birendra Kumar Yadav vs State Of Bihar on 16 May, 2014 Patna High Court 

Pankaj Kumar Singh vs The State Of Bihar on 16 May, 2014 Patna High Court 

State Of Tamil Nadu Through vs Nalini And 25 Others on 11 May, 1999 Supreme Court of India 

Ananta Dixit vs State on 8 March, 1984 Orissa High Court  

Daniraiji Vrajlalji vs Vahuji Maharaj Chandraprabha on 16 April, 1970 Gujarat High Court  

Nabi Mohamad Chand Husain And Ors. vs State Of Maharashtra on 17 July, 1979 Bombay High Court  

Emperor vs Gangapa Kardepa on 18 September, 1913 Bombay High Court