Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorist and Disruptive Activities Voluntary Confession |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Death Reference Case |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Terrorist and Disruptive Activities (Prevention) ACT. 1987: Ss. 15, 21 - Evidentiary value of confession recorded by Police Officer under S. 15 against its maker and against co-accused, abettor or Conspirator - Effect of non-obstante clause in S. 15(1) - S. 30 of Evidence Act, whether excluded - Amending Act 43 of 1993 - Addition of words "or co accused, abettor or conspirator" in S. 15 (1) and deletion of clauses (c) and (d) of S. 21 - Effect of - Confession of an accused - Admissibility as a substantive evidence against himself as well as a co-accused, abettor or Conspirator. S. 15 - Voluntary Confession - Sufficient time given to accused for reflection before making confession - Confession recorded shortly before expiry of remand - Effect of. S. 3 - Applicability - Conditions for - Mens rea and criminal act - Commission of terrorist act a sine qua non - Intention to overawe the Government, to strike terror in people, to alienate any section of the people or to adversely affect the harmony amongst sections of the people - Intention and consequence - Distinction between. Ss. 4(1) & 4(3) - Disruptive activity - Acts preceding the killing such as advocating, advising, inciting etc. of killing a public servant or any person bound by oath, and not the act of killing alone, would amount to disruptive activity. Ss. 3, 4, 12 and 15 - Confession under S. 15 - Accused tried for offences under Ss. 3 and 4 as well as under other criminal laws - Even if offences under Ss. 3 and 4 not made out, confession made under S. 15 would continue to be admissible for offences under other laws. TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) RULES, 1987: Rule 15(3) - Confession - Omission to affix signature on certain pages - Not fatal since confession corroborated in material particulars by independent evidence apart from evidence of Co-accused - Ss. 164, 463 Cr. P.C. EVIDENCE ACT, 1872: S. 30 - Applicability of - Conditions - Difference between S. 30 of Evidence Act and S. 15 of TADA Act. S.10 - Scope and conditions for applicability of - Principle of agency between every conspirator and his associate underlies this provision - Statement made by one conspirator admissible against another conspirator only during the period of subsistence of agency - Conspirator's connection with the conspiracy - Not necessarily snapped after his arrest - Existence of conspiracy - Proof of. PENAL CODE, 1860: Ss. 120-A, 120-B, and 302 - Criminal conspiracy - Ingredients Principles governing law of conspiracy - Mere associates however close or even knowledge of conspiracy not enough - Agreement essential for offence of conspiracy. S.302 r/w, S.120-B - Code of Criminal Procedure, 1973 - Ss. 354(3) and 235(2) - Sentencing - Death sentence or life imprisonment - Test of rarest of rare case - Court to take into account the crime and the criminal as also the aggravating and mitigating circumstances - On the facts and circumstances of the case, Held, per majority: four out of seven accused sentenced to death - Three accused sentenced to life imprisonment. CODE OF CRIMINAL PROCEDURE, 1973: S.300 - Scope of - Second trial on the ground that some more allegations were not made in the first trial - Not to be allowed - Double jeopardy - Constitution of India, Art, 20(2). Ss. 215 & 465 - Charges - Defects in charge-sheet alleged - Powers of Reference Court. S.313 - Improper examination of accused - Examination by Reference Court to correct the error - Scope of. LEGAL MAXIMS (1) Actus non facit reum mens nisi sit rea - Applicability of. 2) Justicia non novit patrem nee matrem - Applicability of. (3) "Nemo debet is vexari pro eadem causa" - Meaning and applicability of. WORDS & PHRASES "Substantive Evidence", "Shall presume" - Meaning of. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa Hon'ble Mr. Justice K.T. Thomas Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 1999 INSC 235 |
Petitioner | State Through Superintendent Of Police, Cbi/sit Etc. |
Respondent | Nalini And Ors. Etc. Etc. |
SCR | [1999] 3 S.C.R. 1 |
Judgement Date | 1999-05-11 |
Case Number | 1 |
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