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Confessional Statement Under TADA

Under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA), a confessional statement recorded in accordance with the specified requirements becomes admissible, despite the ban contained in Section 25 of the Evidence Act or Section 162 of the Code of Criminal Procedure. Let's break down the key points:

Requirements for Admissibility of a Confession under Section 15(1) of TADA:

  • The confession should have been made to a police officer not lower in rank than a Superintendent of Police.
  • It should have been recorded by the said police officer.
  • The trial must be against the maker of the confession.
  • The trial must be for an offence under TADA or the Rules thereunder.

Admissibility and Case Context:

  • If the above requirements are satisfied, the confessional statement becomes admissible in evidence.
  • It is immaterial whether the confession was recorded in one particular case or in a different case.
  • Courts need not introduce further restrictions on the admissibility of the confessional statement based on the premise that it was not recorded during the investigation of the specific offence under trial.
  • Often, a confessor discloses various acts and events related to their involvement in crimes, including those of co-participants.
  • There is no legal mandate to exclude other incriminating disclosures beyond the specific crime under investigation.

Different Cases and Crimes:

  • A confession, if admissible under Section 15 of TADA, does not become unusable merely because the case or crime is different.
  • If the confession covers a different crime, it remains a relevant item of evidence in the case where that crime is under trial.
  • The Supreme Court held this view in the case of State of Gujarat v. Mohd Atik (1998) 4 SCC 351.

In summary, the admissibility of a confession under TADA is not restricted by the specific case or crime, as long as the statutory requirements are met.

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