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Section 15: Certain confessions made to police officers to be taken into consideration

Terrorist and Disruptive Activities (Prevention) Act, 1987Union territory Act of Chandigarh · Act 28 of 1987

(1) Nothwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or on any mechanical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, shall be admissible in the trial of such person [or co-accused, abettor or conspirator] for an offence under this Act or rules made thereunder:

7 [Provided that co-accused, abettor or conspirator is charged and tried in the same case together with the accused].

(2) The police officer shall, before recording any confession under sub-section (1), explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him and such police officer shall not record any such confession unless upon questioning the person making it, he has reason to believe that it is being made voluntarily.

http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM#F7 16 . Protection of witnesses.-[(1) Nothwithstanding anything contained in the Code, the proceedings under this Act may be held in camera if the Designated Court so desires.]

(2) A Designated Court may, on an application made by a witness in any proceedings before it or by the Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of any witness secret.

(3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures which a Designated Court may take under that sub-section may include,-

1. the holding of the proceedings at a place to be decided by the Designated Court;

2. the avoiding of the mention of the names and addresses of the witnesses in it orders or judgments or in any records of the case accessible to public;

3. the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed.

4. that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner.

(4) Any person who contravenes any direction issued under sub-section (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.

17.Trial by Designated Courts to have precedence- The trial under this Act of any offence by a Designated Court shall have precedence over the trial of any other case against the accused in any other court (not being a Designated Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance.

18.Power to transfer cases to regular courts- Where, after taking cognizance of any offence, a Designated Court is of opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction under the Code and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence.

19.Appeal- (1) Nothwithstanding anything contained in the Code, an appeal shall lie as a matter of right from any judgment, sentence or order, not being an interlocutory order, of a Designated Court to the Supreme Court both on facts and on law.

(2) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order including an interlocutory order of a Designated Court.

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment; sentence or order appealed from:

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.

PART IV MISCELLANEOUS

Where this provision sits

ActTerrorist and Disruptive Activities (Prevention) Act, 1987
Section15
Marginal noteCertain confessions made to police officers to be taken into consideration
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source
Judgments citing it1

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