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.