Sri Indra Das vs State Of Assam

The Supreme Court held that mere membership in a banned organization under Section 3(5) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) does not constitute a criminal act unless there is evidence of active participation in violence or incitement to violence. The Court reiterated the principle established in Arup Bhuyan vs. State of Assam, emphasizing that a confession made to police is weak evidence without corroboration. The appellant's conviction was overturned due to lack of evidence linking him to any violent acts, leading to his acquittal.