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march 2010

Supreme Court of India · 2010-03-31

Sunderlal Kanaiyalal Bhatija vs State Of Maharashtra & Ors

Citation / case number
AIR 2010 SUPREME COURT 1666
Court
Supreme Court of India
Petitioner
Sunderlal Kanaiyalal Bhatija
Respondent
State Of Maharashtra & Ors
Author
Mukundakam Sharma
Bench
H.L. Dattu, Mukundakam Sharma

Judgment text excerpt

The Supreme Court addressed the admissibility of confessional statements recorded under the Terrorist and Disruptive Activities Act, 1987 (TADA Act) in prosecutions for other offences, specifically under Sections 302, 307, 353, and 402 of the Indian Penal Code (IPC) and Section 35(c) of the Arms Act, 1959. The Court held that such confessions are not admissible as substantive evidence in cases where the TADA provisions have been dropped, thereby upholding the lower courts' decisions to reject the prosecution's application to use the confessional statements. The appeal was dismissed, affirming the High Court's ruling.

Sunderlal Kanaiyalal Bhatija vs State Of Maharashtra & Ors · Niyam