Anti-Terrorism Act, 1997 — Section 21H: Conditional admissibility of confession

21H. Conditional admissibility of confession.__ Notwithstanding anything contained in the Qanun-e-Shahadat, 1984 (President’s Order No. 10 of 1984) or any other law for the time being in force, where in any court proceedings held under this Act the evidence (which includes circumstantial and other evidence) produced raises the presumption that there is a reasonable probability that the accused has committed the offence, any confession made by the accused during investigation without being compelled, before a police officer not below the rank of a 1[District Superintendent of Police], may be admissible in evidence against him, if the Court so deems fit: Provided that the 1[District Superintendent of Police] before recording any such confession, had explained 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 that no Distt. Superintendent of Police has recorded such confession unless, upon questioning the person making it, the Distt. Superintendent of Police had reason to believe that it was made voluntarily; and that when he recorded the confession, he made a memorandum at the foot of such record to the following effect: “I have explained to (....name….), that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.” (Signed) 1 [District Superintendent of Police].