IEA §30 → BSA §23
Consideration of proved confession affecting person making it and others jointly under trial for same offence
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Comparison
30. 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.]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.
23.
(1) No confession made to a police officer shall be proved as against a person accused of any offence.
(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him: When oral admissions as to contents of documents are relevant. Admissions in civil cases when relevant. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. Confession to police officer. Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.
What changedAI-inferred
Consideration of proved confession affecting person making it and others jointly under trial for same offence.
Old position
IEA 30 is concerned with Consideration of proved confession affecting person making it and others jointly under trial for same offence. Consideration of proved confession affecting person making it and others jointly under trial for same offence
New position
BSA 23 preserves the framework with drafting modernisations as required by the new code. Topic: Police officer.. No confession made to a police officer shall be proved as against a person accused of any offence
BSA 23 (Police officer.) preserves the framework of IEA 30. BSA 23 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 23 text: No confession made to a police officer shall be proved as against a...
Editorial deltaAI-indicated (source-linked)
BSA 23 (Police officer.) preserves the framework of IEA 30. BSA 23 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 23 text: No confession made to a police officer shall be proved as against a person accused of any offence.(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him: When oral admissions as to contents of...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 30 continues to apply. For matters from that date forward, BSA 23 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 23 (Police officer.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §30 → BSA §23 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/30.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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