16/04/2020
Section 15 of TADA Act
Supreme Court of India
Prakash Kumar @ Prakash Bhutto vs State Of Gujarat [Alongwith ... on 12 January, 2005
Equivalent citations: 2005 (1) ALD Cri 594, 2005 CriLJ 929, JT 2005 (11) SC 209, (2005) 2 SCC 409, 2005 (1) UJ 446 SC
Author: H Sema
Bench: R Lahoti, B Agarwal, H Sema, G Mathur, P Balasubramanyan
whether the confessional statement duly recorded under Section 15 of TADA would continue to remain admissible as for the offences under any other law which were tried along with TADA offences under Section 12 of the Act, notwithstanding the fact that the accused was acquitted of offences under TADA in the said trial
Held
27. On a cursory reading of both the Sections, it appears to us that the language employed therein is plain and unambiguous. As pointed out by this Court in Nalini's case (supra) Section 15 consists of two limbs. The first limb bars application of provisions of the Code of Criminal Procedure and the Indian Evidence Act to a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by him in any of the modes noted in the Section. The second limb makes such a confession admissible, dehors the provisions of the Evidence Act in the trial of such person or co-accused, abettor or conspirator for an offence under the TADA Act or rules made thereunder provided the co- accused, abettor or conspirator is charged and tried in the same case together with the accused as provided in Section 12 of the Act. It was also pointed out that in the event Cr.P.C. and the Evidence Act come in conflict with either recording of a confession of a person by a police officer of the rank mentioned therein, in any of the modes specified in the Section, or its admissibility at the trial, Section 15 of the TADA Act will have a overriding effect over the Cr.P.C. and the Evidence Act
