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
Illustration.
(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.
1Ins. by Act 3 of 1891, s. 4.
2Cf. the Indian Penal Code (Act 45 of 1860), Explanation 4 to s. 108.