Confession by a Co-Accused
Law Question: A the master and B the servant, are being jointly tried for the murder of X and also after that for having made away with the dead body to hide and crime (Section 302 and 201 IPC).

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.

Bare Acts

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.