Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 121, 121A -- Sanction - Waging war - Non application of mind by sanctioning authority - Inclusion of section 120-B for which no sanction was required and inclusion of section 124 which has no application - Whether amounts to non application mind - Held No - Meticulous and legalistic examination..........
Prevention of Terrorism Act, 2002, Section 3(1) -- Conspirator - Attack on Parliament - Whether a conspirator who has not participated in actual act be held liable under section 3 (1) - Held no - Theory of agency is negatived - Section 3 (1) applicable to those who actually participate in terrorist Act - Not applicable to conspirators...........
Prevention of Terrorism Act, 2002, Section 3(2), 3(3), Indian Penal Code, 1860, Section 120 -- - Conspirator - Attack on Parliament - Whether punishment u/s 3 (2) POTA read with section 120 B IPC can be imposed on a conspirator who has not participated in actual act - Held No - Conspiracy is covered by Section 3 (3) POTA - Conviction under section 3 (2) set aside - However..........
Evidence Act, 1872, Section 10, 30, Prevention of Terrorism Act, 2002, Section 32 -- Confession - Against co-accused - Whether confession which cannot be proved against co-accused either u/s 32 (1) POTA or u/s 30 Evidence Act would be relevant evidence u/s 10 - Section 10 is based on principle of agency and exception to rule against hearsay - Statement made by accused..........
Evidence Act, 1872, Section 27 -- Discovery of fact - Whether the discovery of fact referred to in Section 27 should be confined only to the discovery of a material object and the knowledge of the accused in relation thereto or the discovery could be in respect of his mental state or knowledge in relation to certain things, concrete or non-concrete - Discovery of fact..........
Evidence Act, 1872, Section 27 -- Discovery of fact - Whether it is necessary that the discovery of fact should be by the person making the disclosure or directly at his instance? The subsequent event of discovery by police with the aid of information furnished by the accused - whether can be put against him under Section 27 - Held Yes - Not necessary to take accused to..........
Evidence Act, 1872, Section 27 -- Discovery/Disclosure - Joint disclosure - Simultaneous disclosures per se are not in admissible under section 27 - A person accused need not necessarily be a single person but could be plurality of accused - Simultaneous disclosures includes information given one after other without any break - Evidentiary value of such disclosure would..........
Evidence Act, 1872, Section 63, 65, 65B -- Secondary evidence - Telephone Call records of Mobile - Absence of certificate u/s 65 B - Whether fatal - Held No - Secondary evidence means and includes, among other things, 'copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies' - Section..........
Prevention of Terrorism Act, 2002, Section 45 -- Intercepted tape recorded telephone conversation - Admissibility - Breach of section 45 POTA and breach of Indian Telegraph Rules, Rule 419A - Effect - Tape recorded conversation recorded prior to inclusion of offences under POTA - Section 45 Proviso not applicable...........
Prevention of Terrorism Act, 2002, Section 32(5) -- Confession - Confession recorded by DCP - Accused produced before Magistrate - Compliance of section 32 (2) (3) and (4) - Breach of section 32 (5) - Effect - Not sent to Judicial custody but was remanded to police custody - Accused required to be sent to judicial custody only in exceptional circumstances accused can be..........
