ADMISSIBILITY OF CONFESSIONS UNDER THE LAW OF EVIDENCE AND COUNTER-TERRORISM LAWS
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Keywords:
Confession, counter-terrorism, TADA, POTA, MCOCAAbstract
This paper addresses the inconsistency between the general rule of law of evidence law and counterterrorism laws pertaining to the admissibility of confessional statements made to the Police. This paper discusses the evolution of counter-terrorism regime in India and lays out the legal framework pertaining to the counterterrorism regime in India. Further, it has examined how the court deals with cases under the counterterrorism laws, which are no longer in force. It has been observed that even though the two major antiterrorism acts; TADA and POTA have been repealed, the cases booked under the acts and state laws like MCOCA, keep the spirit of the underlying principles of the act, alive. It can be seen that the court has repeatedly delved into the interpretation of the concerned sections of the repealed statutes. Lastly, this paper offers recommendations to bridge the gap between the Indian counter-terrorism regime and the general rule of law of evidence. It has been concluded that the major fall out of the anti- terrorism laws was due to its contradictions with the general law of the land, which led to confusion, misuse and eventually, revocation of the statutes.
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