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TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987
28 of 1987
3rd September, 1987
An Act to make special provisions for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto Be it enacted by Parliament in the thirty-eight Year of the Republic of India as follows:
STATEMENT OF OBJECTS AND REASONS OF ACT, 1987 The Terrorist and Disruptive Activities (Prevention) Act, 1985, was enacted in May, 1985, in the background of escalation of terrorist activities in many parts of the country at the time. It was expected then that it would be possible to control the menace within a period of two years and, therefore, the life of the said Act was restricted to a period of two years from the date of commencement. However, it was subsequently realised that on account of various factors, what were stray incidents in the beginning have now become a continuing menace specially in State like Punjab. On the basis of experience, it was felt that in order to combat and cope with terrorist and disruptive activities effectively it is not only necessary to continue the said law but also to strengthen it further. The aforesaid Act of 1985 was due to expire on the 23rd May, 1987. Since both Houses of Parliament were not in session, and it was necessary to take immediate action, the President promulgated the Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (2 of 1987), on the 23rd May, 1987, which came into force with effect from the 24th May, 1987. 2. The Ordinance included all the provisions of the Act of 1985, except the following main changes, namely :(a) punishments for terrorist acts and disruptive were made more deterrent;
(b) the Central Government has also been empowered to constitute Designated Courts; (c) the exhaustive enumeration of rule-making powers, as contained in Sec. 5 of the 1985 Act, had been dispensed with and the Central Government had been given power to make rules for carrying out the provisions of the Ordinance. 3. Subsequent to the promulgation of the Ordinance, it was felt that the provisions need further strengthening in order to cope with the menace of terrorism. It is, therefore, proposed that persons who are in possession of certain arms and ammunition specified in the Arms Rules, 1962 or other explosive substances unauthorisedly in an area to be notified by the State Government shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and with fine. It is further proposed to provide that 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 shall be admissible in the trial of such person for an offence under the proposed legislation or any rules made thereunder. It is also proposed to provide that the Designated Court shall presume, unless the contrary is proved, that the accused had committed an offence where arms or explosives or any other substances specified under
Sec. 3 were recovered from his possession, or where by the evidence of an expert the finger prints of the accused were found at the site of offence or where a confession has been made by a co-accused that the accused had committed the offence or where the accused had made a confession of the offence to any other person except a police officer. It is also proposed to provide that in the case of person declared as a proclaimed offender in a terrorist case, the evidence regarding his identification by witnesses on the basis of his photograph shall have the same value as the evidence of a test identification parade. Further, the Designated Courts are also proposed to be empowered to try certain offences in a summary way in accordance with the procedure prescribed in the Code of Criminal Procedure, 1973. The matters in respect of which rules may be made by the Central Government are also proposed to be enumerated. The said amendments included in the bill, have been explained in the Memorandum attached to the bill. 4. The bill seeks to replace the aforesaid Ordinance and to include therein the aforesaid amendments.
STATEMENT OF OBJECTS AND REASONS OF ACT 43 OF 1993 "The Terrorist and Disruptive Activities (Prevention) Act, 1985, was enacted on 23rd May, 1985 in the background of escalating terrorist activities in many parts of the country. The Act came into force with effect from 24th May, 1985 with the stipulation that it would remain valid for a period of two years with effect from the date of its commencement as it was hoped at that time that it would be possible to control the menace of terrorism in a period of two years. Unfortunately, terrorist violence has continued unabated, necessitating the Government to periodically extend the Act on the due dates in 1987, 1989 and 1991- The life of the Act is now due to expire on the 23rd May, 1993. The view of the State Governments were obtained while processing these extensions, and most of them had recommended extension of the Act. 2. Terrorism which has initially confined to the States of Punjab, Jammu and Kashmir and North East has spread its tentacles to the States of Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Maharashtra, Haryana, Delhi, Gujarat and West Bengal. Apart from this, the sophisticated weapons, remote control devices, rocket launchers, professional training and international involvement have added a new and disturbing dimension to the problem. 3. The menace of terrorism has also been a matter of international concern. Recently, we have entered into an agreement with the United Kingdom for mutual assistance in the investigation of the proceeds and instruments of crime and terrorist funds. This agreement is particularly usefully in dealing with terrorism inspired from abroad. 4. Keeping in view the above considerations, it is proposed to amplify some of the existing provisions so as to also concretize the agreement signed recently with the United Kingdom for mutual assistance in investigation and prosecution of terrorists crime and the tracing, restraint and confiscation of the proceeds and instruments of crime and terrorist funds and to extend the Act for a further period of two years up to 23rd May, 1995. 5. The present Bill seeks to achieve the above mentioned objects."
SECTION 01: SHORT TITLE, EXTENT, APPLICATION, COMMENCEMENT, DURATION AND SAVINGS
(1) This Act may be called the Terrorist and Disruptive Activities (Prevention) Act, 1987.
(2) It extends to the whole of India, and it applies also-
(a) to citizens of India outside India;
(b) to persons in the service of the Government, wherever they may be; and
(c) to persons on ships and aircraft registered in India, wherever they may be.
(3)Sec. 5-,15-,21-and22-shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 24th day of May, 1987.
(4) .It shall remain in force for a period of2[eight years] from the 24th day of May, 1987, but its expiry under the operation of this sub-section shall not affect -
(a) the previous operation of, or anything duly done or suffered under this Act or any rule made thereunder or any order made under any such rule, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under this Act or any rule made thereunder or any order made under any such rule; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence under this Act or any contravention of any rule made under this Act or of any order made under any such rule, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not expired.
SECTION 02: DEFINITIONS
(1) In this Act, unless the context otherwise requires,-
(a) "Abet", with its grammatical variations and cognate expressions, includes -
(i) the communication or association with any person or class of persons who is engaged in assisting in any manner terrorists or disruptionists;
(ii) the passing on, or publication of, without any lawful authority, any information likely to assist the terrorists or disruptionists, and the passing on, or publication of, or distribution of, any document or matter obtained from terrorists or distuptionists;
(iii) the rendering of any assistance whether financial or otherwise, to terrorists or disruptionists;
(b) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);
(c) "Designated Court" means a Designated Court constituted under Sec. 9 -;
(d) "Disruptive Activity" has the meaning assigned to it in Sec. 4-and the expression "disruptionist" shall be construed accordingly;
(e) "High Court" means the High Court of the State in which a Judge or an Additional Judge of a Designated Court was working immediately before his appointment as such Judge or Additional Judge;
(f) "Notified Area" means such area as the State Government may, by notification in the Official Gazette, specify;
(g) ''Public Prosecutor'' means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under Sec. 13-, and includes any person acting under the directions of the Public Prosecutor;
3[(gg) '' Property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived or obtained from the terrorist act and includes proceeds of terrorism;]
(h) ''Terrorist Act" has the meaning assigned to it in sub -section (1) of Sec. 3-, and the expression "terrorist" shall be construed according;
(i) words, and expressions used but not defined in this Act and defined in the Code shall have the meanings respectively assigned to them in the Code.
(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
SECTION 03: PUNISHMENT FOR TERRORIST ACTS
(1) Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire-arms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies of services essential to the life of the community, or detains are person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act.
(2) Whoever commits a terrorist act, shall,-
(i) if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to fine;
(ii) in any other case be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for the life and shall also be liable to fine.
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, terrorist act or any act preparatory to a terrorist to act, shall 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.
(4) Whoever harbours or conceals, or attempts to harbour or conceal, any terrorist shall 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.
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(5) Any person who is a member of a terrorist's gang or a terrorist's organisation, which is involved in terrorist acts, shall 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.
(6) Whoever holds any property derived or obtained from commission of any terrorist act or has been acquired through the terrorist funds shall 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 04: PUNISHMENT FOR DISRUPTIVE ACTIVITIES.
Whoever commits or conspires or attempts to commit or abets, advocates, advises, or knowingly facilitates the commission of, any disruptive activity or any act preparatory to a disruptive activity shall 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.
(2) For the purpose of sub-section (1), "disruptive activity" means any action taken, whether by act or by speech or through any other media or in any other manner whatsoever,-
(i) which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India; or
(ii) which is intended to bring about or supports any claim, whether directly or indirectly, for the secession of any part of India or the secession of any part of India from the Union.
(3) Without prejudice to the generality of the provisions of sub-section (2), it is hereby declared that any action taken, whether by act or by speech or through any other media or in any other manner whatsoever, which-
(a) advocates, advises, suggests or incites; or
(b) predicts, prophesies or pronounces or otherwise expresses, in such manner as to incite, advise, suggest or prompt, the killing or the destruction of any person bound by oath under the Constitution to uphold the sovereignty and integrity of India or any public servant shall be deemed to be a disruptive activity within the meaning of this section.
(4) Whoever harbours or conceals, or attempts to harbour or conceal, any disruptionist shall 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 05: POSSESSIONS OF CERTAIN UNAUTHORISED ARMS, IN SPECIFIED AREAS
Where any person is in possession of any arms ammunition specified in columns 2 and 3 of Category 1 or Category III (a) of Sch. 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 06: ENHANCED PENALTIES.
(1) If any person with intent to aid any terrorist or disruptionist, contravenes any provision of, or any rule made under, the Arms Act, 1959 (54 of 1959)-,the Explosives Act 1884 (4 of 1884)-,the Explosive Substances Act 1908 (6 of 1909)-, or the Inflammable Substances Act, 1952 (20 of 1952)-, he shall, notwithstanding anything contained in any of the aforesaid Act or the rules made thereunder, 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.
(2) For the purpose of this section, any person who attempts to contravene or abets, or attempts to act, or does any act preparatory to the contravention of any provision of any law, rule or order, shall be deemed to have contravened that provision, and the provisions of subjection (1) shall, in relation to such person, have effect subject to the modification that the reference to "imprisonment for life" shall be construed as a reference to "imprisonment for ten years".
SECTION 07: CONFERMENT OF POWERS
(1) Notwithstanding anything contained in the Code or any other provision of this Act, the Central Government may, if it considers it necessary or expedient so to do,-
(a) for the prevention of and for coping with any offence under Sec. 3-orSec. 4 -; or
(b) for any case or class or group of cases under Sec. 3-orSec. 4-, in any State or part thereof, confer, by notification in the Official Gazette, on any officer of the Central Government, powers exercisable by a police officer under the Code in such State or part thereof or, as the case may be, for such case or class or group of cases and in particular, the powers of arrest, investigation and prosecution of persons before any Court.
(2) All officers of police and all officers of Government are hereby required and empowered to assist the officer of the Central Government, referred to in sub-section (1), in the execution of the provisions of this Act or any rule or order made thereunder.
(3) The provisions of the Code shall, so far as may be and subject to such modifications made in the Act, apply to the exercise of the powers by an officer under sub-section (1).
SECTION 07A: POWERS OF INVESTIGATING OFFICERS
If an officer investigating an offence committed under this Act has reason to believe that any property in relation to which an investigation is being conducted is a property derived or obtained from the commission of any terrorist act and includes proceeds of terrorism, he shall, with the approval of Superintendent of Police, make an order seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Court and a copy of such order shall be served on the person is concerned
Provided that the investigating officer duly inform the Designated Court within forth-eight hours of the attachment of such property and the said Court shall either confirm or revoke the order of attachment so issued.]
SECTION 08: FORFEITURE OF PROPERTY OF CERTAIN PERSONS
(1) Where a person has been convicted of any offence punishable under this Act or any rule made there- under, the Designated Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the Government free from all encumbrances.
(2) Where any person is accused of any offence under this Act or any rule made thereunder. It shall be open to the Designated Court trying him to pass an order that all or any properties, movable or immovable or both belonging to him shall, during the period of such trial be attached, and where such trial ends in conviction, the properties so attached shall forfeit to the Government free from all encumbrances
(3)(a) If upon a report in writing made by a police officer or an officer referred to in sub-section (1) of Sec. 7-, any Designated Court has reason to believe that any person, who has committed an offence punishable under this Act or any rule made thereunder, has absconded or is concealing himself so that he may not be apprehended, such Court may, notwithstanding anything contained in Sec. 82-of the Code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the date of publication of such proclamation.
(b) The Designated Court issuing a proclamation under Cl. (a) may, at any time order the attachment of any property, movable or immovable or both, belonging to the proclaimed person, the thereupon the provisions of Sec. 83-to85 -of the Code shall apply to such attachment as if such attachment were made under that Code.
(c) If, within six months from the date, of the attachment, any person, whose property is, or has been, at the disposal of the Government under sub- section (2) of Sec. 85-of the Code, appears voluntarily or is apprehended and brought before the Designated Court by whose order the property was attached, or the Courts, to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not received such notice of the proclamation as to enable him to attend within the time specified therein, such property or, if the same has been sold, the net proceeds of the sale and the residue of the property, shall after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.
(4) Where any shares in a company stand forfeited to the Government under this Section, then the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956)-, or the Articles of Association of the company forthwith register the Government as the transferee of such shares.
SECTION 09: DESIGNATED COURTS.
(1) The Central Government or a State Government may, by notification in the Official Gazette, constitute one or more Designated Courts for such area or areas, or for such case or class or group of cases as may be specified in the notification.
(2) Where a notification constituting a Designated Court for any area or areas or for any case or class or group of cases is issued by the Central Government under sub-section (1) and a notification constituting a Designated Court for the same area or areas or for the same case or class or group of cases has also been issued by a State Government under that sub-section, the Designated Court constituted by the Central Government, whether the notification constituting such Court is issued before or after the issue of the notification constituting the Designated Court by the State Government shall have, and the Designated Court constituted by the State Government shall not have, jurisdiction to try any offence committed in that area or areas or, as the case may be, the case or class or group of cases, and all cases pending before any Designated Court constituted by the State Government shall stand transferred to the Designated Court constituted by the Central Government.
(3) Where any question arises as to the jurisdiction of any Designated Court, it shall be referred to the Central Government whose decision thereon shall be final.
(4) A Designated Court shall be presided over by a Judge to be appointed by the Central
Government or, as the case may be, the State Government, with the concurrence of the Chief Justice of the High Court.
(5) The Central Government or, as the case may be, the State Government may also appoint, with the concurrence of the Chief Justice of the High Court, Additional Judges to exercise Jurisdiction in a Designated Court.
(6) A person shall not be qualified for appointment as a Judge or an Additional Judge of a Designated Court unless he is immediately before such appointment. Sessions Judge or an Additional Sessions Judge in any State.
(7) For the removal of doubts, it is hereby provided that the attainment by a person appointed as a Judge or an Additional Judge of a Designated Court in the age of superannuation under the rules applicable to him in the service to which he belongs, shall not affect his continuance as such Judge or Additional Judge.
(8) Where any Additional Judge or Additional Judges is or are appointed in a Designated Court the Judge of the Designated Court may from time to time by general or special order, in writing, provide for the distribution of business of the Designated Court among himself and the Additional Judge or Additional Judges and also for the disposal of urgent business in the event of his absence or the absence of any Additional Judge.
SECTION 10: PLACE OF SITTING.
A Designated Court may, on its own motion or on an application made by the Public Prosecutor, and if it considers it expedient or desirable so to do, sit for any of its proceedings at any place, other than its ordinary place of sitting
Provided that nothing in this section shall be construed to change the place of sitting of a Designated Court constituted by a State Government to any place outside that State.
SECTION 11: JURISDICTION OF DESIGNATED COURTS
(1) Notwithstanding anything contained in the Code, every offence punishable under any provision of this Act or any rule made thereunder shall be triable only by the Designated Court within whose local jurisdiction it was committed or, as the case may be, by the Designated Court constituted for trying such offence under sub-section (1) of Sec. 9-.
(2) If, having regard to the exigencies of the situation prevailing in a State, the Central
Government is of the opinion that- (a) the situation prevailing in such State is not conductive to a fair, impartial or speedy trial, or
(b) it is not likely to be feasible without occasioning the breach of peace or grave risk to the safety of the accused, the witnesses, the. Public Prosecutor and the Judge of the Designated Court or any of them, or
(c) it is not otherwise in the interests of justice, it may, with the concurrence of the Chief Justice of India (such concurrence to be obtained on a motion moved in that behalf by the Attorney-General), transfer any case pending before a Designated Court in that State to any other Designated Court within that State or in any other State.
(3) Where the whole of any part of the area within the local limits, of the Jurisdiction of a
Designated Court has been declared to be, or forms part of, any area which has been declared to be a disturbed area under any enactment for the time being in force making provision for the suppression of disorder and restoration and maintenance of public order, and the Central Government is of opinion that the situation prevailing in the State is not conclusive to fair, impartial or speedy trial within the State of offences under this Act or the rules made thereunder which such Designated Court is competent to try, the Central Government may, with the concurrence of the Chief Justice of India, specify, by notification in the Official Gazette, in relation to such Court (hereafter in this subjection referred to as the local Court) a Designated Court outside the State (hereafter in this section referred to as the specified Court), and thereupon- (a) it shall not be competent, at any time during the period of operation of such notification, for such local Court to exercise any jurisdiction in respect of, or try, any offence under this Act or the rules made thereunder;
(b) the jurisdiction which would have been, but for the issue of such notification, exercisable by such local Court in respect of such offences committed during the period of operation of such notification shall be exercisable by the specified Court.
(c) All cases relating to such offences pending immediately before the date of issue of such notification before such local Court shall stand transferred on that date to the specified Court.
(d) All cases taken cognizance of by, or transferred to, the specified Court under Cl. (b) or Cl. (c) shall be dealt with and tried in accordance with this Act (whether during the period of operation of such notification or thereafter) as if such offences had been committed within the local limits of the jurisdiction of the specified
Court or, as the case may be, transferred for trial to it under sub-section (2).
SECTION 12: POWER OF DESIGNATED COURTS WITH RESPECT TO OTHER OFFENCES.
(1) When trying any offence, a Designated Court may also try any other offence with which the accused may, under the Code be charged at the same trial if the offence is connected with such other offence.
(2) If, in the course of any trial under this Act, of any offence, it is found that the accused person has committed any other offence under this Act or any rule made thereunder or under any other law, the Designated Court may convict such person of such other offence and pass any sentence authorised by this Act or such rule or, as the case may be, such other law, for the punishment thereof.
SECTION 13: PUBLIC PROSECUTOR
(1) For every Designated Court, the Central Government or, as the case may be the State
Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors : Provided that the Central Government or, as the case may be, the State Government may also appoint for any case or class or group of cases a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this Section unless he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under Union or a State, requiring special knowledge of law.
(3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of Cl. (g) of Sec. 2-of the Code, and the provisions of the Code shall have effect accordingly.
SECTION 14: PROCEDURE AND POWERS OF DESIGNATED COURTS
(1) A Designated Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts
(2) Where an offence triable by a Designated Court is punishable with imprisonment for a term not exceeding three years or with fine or with both, the Designated Court may, notwithstanding anything contained in sub-section (1) ofSec. 260-orSec. 262-of the Code try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of Secs. 263-to265-of the Code, shall, so far as may be, apply to such trial
Provided that when in the course of a summary trial under this sub- section, it appears to the Designated Court that the nature of the case is such that it is undesirable to try it in a summary way, the Designated Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to a Designated Court as they apply to and in relation to a Magistrate Provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a Designated Court to pass a sentence for imprisonment for a term not exceeding two years.
(3) Subject to the other provisions of this Act, a Designated Court shall, for the purpose of trial of any offence, have all the powers of a Court of Sessions and shall try such offence as if it were a Court of Sessions so as may be in accordance with the procedure prescribed in the Code for the trial before the Court of Sessions.
(4) Subject to the other provision of this Act every case transferred to a Designated Court under sub-section (2) ofSec. 11-shall be dealt with as if such case had been transferred under Sec. 406-of the Code to such Designated Court.
(5) Notwithstanding anything contained in the Code, a Designated Court may, if it thinks fit and for reasons to be recorded by it, proceed with the trial in the absence of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross- examination.
SECTION 15: CERTAIN CONFESSIONS MADE TO POLICE OFFICERS TO BE TAKEN INTO CONSIDERATION.
(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 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 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 person4[or co-accused, abettor or conspirator] for an offence under this Act or rules made thereunder:5[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.
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