Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorist and Disruptive Activities (Prevention) Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Terrorist and Disruptive Activities (prevention) Act, 1987 (28 of 1987) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1987 ss. 3(5) and 15- Appellant, allegedly a member of ULFA, a banned organisation. Conviction u/s 3(5) on basis of his alleged confessional statement made before the Superintendent of Police (SP) - Sustainability of - Held: Prosecution relied upon the alleged confessional statement of the appellant before the SP which is an extra-judicial confession and there is absence of corroborative material .Thus, it would not be safe to convict the appellant on the basis of alleged confessional statement - Though s. 3(5) makes mere membership of a banned organisation criminal, s. 3(5) cannot be read literally, otherwise it would violate Articles 19 and 21. Mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence - Even assuming that the appellant was a member of ULFA, it has not been proved that he was an active member and not a mere passive member. Thus, conviction u!s. 3(5) not sustainable. Constitution of India, 1950 - Articles 19 and 21. Evidence Act 1872 - s. 25 - Confession before police official - Admissibility of - Held: Is inadmissible by virtue of s. 25 - However, it is admissible in TADA cases by virtue of s. 15 of the TADA - Confession is a very weak kind of evidence - In India, use of third degree methods by police for extracting confessions from the alleged accused is well known - Thus, where prosecution case mainly rests on the confessional statement made to the police by the alleged accused, in the absence of corroborative material, courts must be cautious in accepting extra-judicial confessional statements - Terrorist and Disruptive Activities (Prevention) Act, 1987 - s. 15. |
Judge | N/A |
Neutral Citation | 2011 INSC 98 |
Petitioner | Arup Bhuyan |
Respondent | State Of Assam |
SCR | [2011] 2 S.C.R. 506 |
Judgement Date | 2011-02-03 |
Case Number | 889 |
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