Premium Judicial Note: Section 30 of the Evidence Act,1872
Premium Judicial Note: Section 30 of the Evidence Act,1872 Theme: The Doctrine of Vicarious Liability in Confessions Section 30 creates a significant exception to the general rule that a confession is only evidence against its maker. It allows the court to "take into consideration" the confession of one accused against a co-accused under specific, stringent conditions. 1. Essential Ingredients for Application (The Quadruple Test) For a confession to be used against a co-accused, the following four conditions must be met concurrently: · Joint Trial: The persons must be tried jointly for the same offence. · Same Offence: "Same offence" includes the abetment of, or attempt to commit, that offence (Explanation). · Self-Exculpation Barred: The confession must affect the maker as well as the others. If the maker minimizes their own role and shifts the entire blame to...