Supreme Court of India
Arup Bhuyan v. State of Assam
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that it will not be safe to convict C the accused on the basis of alleged confessional statement.
Judgment, page 4
From the headnote
Terrorist and Disruptive Activities (Prevention) Act, 1987 - ss. 3(5) and 15- Appellant, allegedly a member of ULFA, a banned organization - Conviction u/s 3(5) on basis of his alleged confessional statement made before the Superintendent of Police (SP) - Sustainability of - Held: Prosecution relied upon the alleged confessional statement of the appellant before the SP which is an extra-judicial confession and there is absence of corroborative material - Thus, it would not be safe to convict the appellant on the basis of alleged confessional statement - Though s. 3(5) makes mere membership of
Authorities it was built on
Where later benches applied it
- 2016 Extra Judicial Execution Victim Families Association (eevfam) & Anr. v. Union of India & Anr.
- 2021 Thwaha Fasal v. Union of India
- 2019 Union of India v. Yasmeen Mohammad Zahid @ Yasmeen
Of those, 1 relied on · 2 referred to
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