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february 2011

Supreme Court of India · 2011-02-03

Arup Bhuyan vs State Of Assam

Citation / case number
AIR 2011 SUPREME COURT 957
Court
Supreme Court of India
Petitioner
Arup Bhuyan
Respondent
State Of Assam
Bench
Gyan Sudha Misra, Markandey Katju

Judgment text excerpt

The Designated Court held that confessions made to police officers are generally inadmissible under Section 25 of the Evidence Act, but can be admissible under Section 15 of the TADA Act. The court emphasized the need for corroborative evidence when relying on confessions, especially given the potential for coercion in obtaining such statements. The conviction under Section 3(5) of the TADA was deemed unsafe as mere membership in a banned organization does not constitute a crime without evidence of active participation or incitement to violence, aligning with precedents from the U.S. Supreme Court and this Court's own rulings.

Arup Bhuyan vs State Of Assam · Niyam