LAW OF EVIDENCE 615
Points to note :
Sec. 28 Confession after…………..is removed.
Sec. 29
Queries.
I. Does Sec. 24 apply to statements made by the Accused under Sec. 287 Cr. P. C. before the Committing Magistrate.
Q. Not settled. 17 Bom. L. R. 1059.
II. Does Sec. 24 apply to statement of an Approver under pardon under Sec. 339 (2) Cr. P. C. (22 Bom. L. R. 1247).
§ Use of Confessions.
- Statement made by an Accused person binds him only so because of two reasons.
(i) The general rule of law is that an Admission made by one person could prejudicially affect another person.
(ii) The statement made by an accused person is not on oath.
(iii) The statement is not subject to cross-Examination.
But if the statement is a Confession which affects both himself and another person, then Section 30 says the Court may take into consideration the confession made by the Accused against other persons mentioned in the Confession.
Section 30 is therefore an exception to the general rule. The reason for this exception is the fact of self-implication which is said to take the place as it were of the sanction of an oath or is rather supposed to serve as same guarantee for the truth of the accusation against the other.
With regard to the use of the confession of one Accused against another accused, the important words are “ Court may take into consideration” . This means,
(1) That the use is not obligatory. It is permissive and discretionary. Court is permitted to use it. Court is not bound to use it.
(2) Court may Consider it. The word consider is significant.