Case Note & Summary
The case involved the State of Gujarat challenging a trial court's order that disallowed the use of confessional statements recorded from accused persons during investigations of different crimes. The trial court had ruled that confessions could only be used if recorded during the investigation of the specific offence under trial. The Supreme Court examined the admissibility of confessions under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADAA). The court noted that the confessions must be recorded by a police officer of a certain rank and that the trial must be for an offence under TADAA. The court found that the confessions could be admissible even if recorded in relation to different crimes, as long as they met the statutory requirements. The court also addressed the implications of the death of one of the accused, Abdul Latif, and clarified that his confession could still be relevant under Section 32(3) of the Evidence Act, despite the inability to try him alongside the remaining accused. Ultimately, the court allowed the appeals, set aside the trial court's order, and permitted the prosecution to use the confessional statements in the ongoing trials.
Headnote
A) Criminal Law - Admissibility of Confessions - Use of Confessional Statements Recorded in Different Cases - Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 15 - The court held that confessions recorded under Section 15 of TADAA are admissible in evidence even if recorded in relation to a different crime, provided the statutory requirements are met. The court emphasized that there is no prohibition against using such confessions merely because they were recorded in a different case (Paras 1-6).
Issue of Consideration
Whether confessional statements recorded in one case can be used as evidence in another case under TADAA.
Final Decision
The Supreme Court allowed the appeals, set aside the trial court's order, and permitted the prosecution to use the confessional statements recorded under Section 15 of TADAA in the ongoing trials.
Law Points
- Admissibility of confessions
- Section 15 TADAA
- Evidence Act
- Section 10
- Section 32(3) Evidence Act
- Criminal Procedure Code
- 1973
