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Vishal Gupta (lawyer)     12 August 2009

Admission of co-accussed against other accussed

A is under trial for the murder of C. Police believes that A and B had committed the murder of C jointly. Now in the court of law B admits as a witness that he and A had committed the murder of C joinlty. Now can this statement be used against A?


 3 Replies

Atul Goyal (Law)     12 August 2009

No my friend.. It cannot be used against A if B is one of the co-accussed because as per the Evidence Act, The statement of a co-accussed cannot be used againt the other accussed.. But if he is giving statement as a witness then it can be used against A.

SHEKHAR MISHRA (public servant)     13 August 2009

dear vishal

confession of  a  co-accused  is  admissible  against  other  accused  only  when they are tried jointly for the same  offence ,as  per section 30 of evidence Act.

so,in the  given case  it is  not admissible  as because  A and B are  not tried jointly.

Vishal Gupta (lawyer)     16 August 2009



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