Confession is made by B, the servant, to the effect that, without any previous knowledge of the crime, B was taken to the house of X by A. He was then suddenly asked to throw light from a torch as a snake had come out. At that time, X came out of the house at the call of A, and A killed him without any complicity (involvement) of B. The two – master and servant, together then disposed of the body.
Is this confession relevant against A? Give reasons for or against.
Answer to the Question: In this case, A and B are jointly tried for the murder of X. They have been charged under section 302 and section 201 of the Indian Penal Code for committing murder and disappearing evidence.
B confesses about the crime during the trial. As per section 30 of the Indian Evidence Act, the confession given by a co-accused may be taken into account against the other accused if they are tried jointly. So, in this case, B’s confession may b taken into consideration against A.
For more understanding, kindly refer to section 30 of the Indian Evidence Act and its illustrations.