shivam (Student) 04 April 2013

Sanjay dutt

Can a person be sentenced under arms act (or any other act) solely on the basis of a confession made by him infront of the police officer while he was being tried under TADA????(i know section 25 of Evidence Act)

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Advocate M.Bhadra 04 April 2013

TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987

SEC.5-- Possession of certain unauthorised arms, etc. in specified areas – Where any person is in possession of any arms and ammunition specified in Columns 2 and 3 of Category I or Category III (a) of Schedule I to the Arms Rules, 1962, or bombs, dynamite or other explosive substances unauthorisedly in a notified area, he shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.

Section 25 in The Arms Act, 1959

25. Punishment for certain offences. 2[ (1) Whoever--

(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or

(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or 3[

(d) brings into, or takes out of, India, any arms or ammunition of any class or descriptttion in contravention of section 11 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

INDIAN EVIDENCE ACT

SEC.25 Confession to police- officer not to be proved.- No confession made to a police- officer 2[ , shall be proved as against a person accused of any offence.