The Prevention of Terrorism Act, enacted on March 28, 2002, replaced the
Prevention of Terrorism Ordinance (POTO) 2001. The Act has now come into
force after the President of India gave his assent.
THE PREVENTION OF TERRORISM ACT, 2002
Act No. 15 of 2002 An Act to make provisions for the prevention of, and for dealing with,
terrorist activities and for matters connected therewith.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India
as follows:—
Preliminary
Punishment for, and measures for dealing with terrorist activities
Terrorist Organisations
Special Courts
Interception of communication in certain cases
Miscellaneous
The Schedule
CHAPTER I Preliminary
1. Short title, application, commencement, duration and savings.-
(1) This Act may be called the Prevention of Terrorism Act, 2002.
(2) It extends to the whole of India.
(3) Every person shall be liable to punishment under this Act for every act
or omission contrary to the provisions thereof, of which he is held guilty
in India.
(4) Any person who commits an offence beyond India which is punishable under
this Act shall be dealt with according to the provisions of this Act in the
same manner as if such act had been committed in India.
(5) The provisions of this Act apply also to—
(a) citizens of India outside India;
(b) persons in the service of the Government, wherever they may be; and
(c) persons on ships and aircrafts, registered in India, wherever they may
be.
(6) Save as otherwise provided in respect of entries at serial numbers 24
and 25 of the Schedule to this Act, it shall be deemed to have come into
force on the 24th day of October, 2001 and shall remain in force for a
period of three years from the date of its commencement, 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
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under this Act, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence
under this Act, 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.
2. Definitions.-
(1) In this Act, unless the context otherwise requires,—
(a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) "Designated Authority" shall mean such officer of the Central Government
not below the rank of Joint Secretary to the Government, or such officer of
the State Government not below the rank of Secretary to the Government, as
the case may be, as may be specified by the Central Government or, as the
case may be, the State Government, by a notification published in the
Official Gazette;
(c) "proceeds of terrorism" shall mean all kinds of properties which have
been derived or obtained from commission of any terrorist act or have been
acquired through funds traceable to a terrorist act, and shall include cash
irrespective of person in whose name such proceeds are standing or in whose
possession they are found;
(d) "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 and includes bank account;
(e) "Public Prosecutor" means a Public Prosecutor or an Additional Public
Prosecutor or a Special Public Prosecutor appointed under section 28 and
includes any person acting under the directions of the Public Prosecutor;
(f) "Special Court" means a Special Court constituted under section 23;
(g) "terrorist act" has the meaning assigned to it in sub-section (1) of
section 3, and the expression "terrorist" shall be construed accordingly;
(h) "State Government", in relation to a Union territory, means the
Administrator thereof;
(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.
CHAPTER II Punishment for, and measures for dealing with, terrorist activities
3. Punishment for terrorist acts.-
(1) Whoever,—
(a) with intent to threaten the unity, integrity, security or sovereignty of
India or to strike terror in the people or any section of the people does
any act or thing by using bombs, dynamite or other explosive substances or
inflammable substances or firearms 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 or by any other means
whatsoever, in such a manner as to cause, or 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 or services essential to the life
of the community or causes damage or destruction of any property or
equipment used or intended to be used for the defense of India or in
connection with any other purposes of the Government of India, any State
Government or any of their agencies, or detains any 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;
(b) is or continues to be a member of an association declared unlawful under
the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), or voluntarily
does an act aiding or promoting in any manner the objects of such
association and in either case is in possession of any unlicensed firearms,
ammunition, explosive or other instrument or substance capable of causing
mass destruction and commits any act resulting in loss of human life or
grievous injury to any person or causes significant damage to any property,
commits a terrorist act.
Explanation.—For the purposes of this sub-section, "a terrorist act" shall
include the act of raising funds intended for the purpose of terrorism.
(2) Whoever commits a terrorist act, shall,—
(a) 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;
(b) 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
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, a terrorist act or any
act preparatory to a terrorist 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 voluntarily harbors or conceals, or attempts to harbour or
conceal any person knowing that such person is a terrorist shall be
punishable with imprisonment for a term which shall not be less than three
years but which may extend to imprisonment for life and shall also be liable
to fine:
Provided that this sub-section shall not apply to any case in which the
harbour or concealment is by the husband or wife of the offender.
(5) Any person who is a member of a terrorist gang or a terrorist
organisation, which is involved in terrorist acts, shall be punishable with
imprisonment for a term which may extend to imprisonment for life or with
fine which may extend to rupees ten lakh or with both.
Explanation.—For the purposes of this sub-section, "terrorist organisation"
means an organisation which is concerned with or involved in terrorism.
(6) Whoever knowingly 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 may extend to imprisonment
for life or with fine which may extend to rupees ten lakh or with both.
(7) Whoever threatens any person who is a witness or any other person in
whom such witness may be interested, with violence, or wrongfully restrains
or confines the witness, or any other person in whom the witness may be
interested, or does any other unlawful act with the said intent, shall be
punishable with imprisonment which may extend to three years and fine.
4. Possession of certain unauthorized arms, etc.-
Where any person is in unauthorised possession of any—
(a) arms or ammunition specified in columns (2) and (3) of Category I or
Category III (a) of Schedule I to the Arms Rules, 1962, in a notified area,
(b) bombs, dynamite or hazardous explosive substances or other lethal
weapons capable of mass destruction or biological or chemical substances of
warfare in any area, whether notified or not, he shall be guilty of
terrorist act notwithstanding anything contained in any other law for the
time being in force, and be punishable with imprisonment for a term which
may extend to imprisonment for life or with fine which may extend to rupees
ten lakh or with both.
Explanation.—In this section, "notified area" means such area as the State
Government may, by notification in the Official Gazette, specify.
5. Enhanced penalties.-
(1) If any person with intent to aid any terrorist contravenes any provision
of, or any rule made under the Explosives Act, 1884 (4 of 1884), the
Explosive Substances Act, 1908 (6 of 1908), the Inflammable Substances Act,
1952 (20 of 1952) or the Arms Act, 1959 (54 of 1959), he shall,
notwithstanding anything contained in any of the aforesaid Acts or the rules
made thereunder, be punishable with imprisonment for a term which may extend
to imprisonment for life and shall also be liable to fine.
(2) For the purposes of this section, any person who attempts to contravene
or abets, 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 sub-section (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".
6. Holding of proceeds of terrorism illegal.-
(1) No person shall hold or be in possession of any proceeds of terrorism.
(2) Proceeds of terrorism, whether held by a terrorist or by any other
person and whether or not such person is prosecuted or convicted under this
Act, shall be liable to be forfeited to the Central Government or the State
Government, as the case may be, in the manner provided under this Chapter.
7. Powers of investigating officers and appeal against order of Designated
Authority.-
(1) If an officer (not below the rank of Superintendent of Police)
investigating an offence committed under this Act, has reason to believe
that any property in relation to which an investigation is being conducted,
represents proceeds of terrorism, he shall, with the prior approval in
writing of the Director General of the Police of the State in which such
property is situated, make an order seizing such property and where it is
not practicable to seize such property, 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 Authority before whom the properties seized or attached
are produced and a copy of such order shall be served on the person
concerned.
(2) For the removal of doubts, it is hereby provided that where an
organisation is declared as a terrorist organisation under this Act and the
investigating officer has reason to believe that any person has custody of
any property which is being used or is intended to be used for the purpose
of such terrorist organisation, he may, by an order in writing, seize or
attach such property.
(3) The investigating officer shall duly inform the Designated Authority
within forty-eight hours of the seizure or attachment of such property.
(4) It shall be open to the Designated Authority before whom the seized or
attached properties are produced either to confirm or revoke the order of
attachment so issued:
Provided that an opportunity of making a representation by the person whose
property is being attached shall be given.
(5) In the case of immovable property attached by the investigating officer,
it shall be deemed to have been produced before the Designated Authority,
when the investigating officer notifies his report and places it at the
disposal of the Designated Authority.
(6) The investigating officer may seize and detain any cash to which this
Chapter applies if he has reasonable grounds for suspecting that—
(a) it is intended to be used for the purposes of terrorism;
(b) it forms the whole or part of the resources of an organisation declared
as terrorist organisation under this Act:
Provided that the cash seized under this sub-section by the investigating
officer shall be released not later than the period of forty-eight hours
beginning with the time when it is seized unless the matter involving the
cash is before the Designated Authority and such Authority passes an order
allowing its retention beyond forty-eight hours.
Explanation.—For the purposes of this sub-section, "cash" means—
(a) coins and notes in any currency;
(b) postal orders;
(c) traveller’s cheques;
(d) banker’s drafts; and
(e) such other monetary instruments as the Central Government or, as the
case may be, the State Government may specify by an order made in writing.
(7) Any person aggrieved by an order made by the Designated Authority may
prefer an appeal to the Special Court and the Special Court may either
confirm the order of attachment of property or seizure so made or revoke
such order and release the property.
8. Forfeiture of proceeds of terrorism.-
Where any property is seized or attached on the ground that it constitutes
proceeds of terrorism and the Special Court is satisfied in this regard
under sub-section (7) of section 7, it may order forfeiture of such
property, whether or not the person from whose possession it is seized or
attached, is prosecuted in a Special Court for an offence under this Act.
9. Issue of show cause notice before forfeiture of proceeds of terrorism.-
(1) No order forfeiting any proceeds of terrorism shall be made under
section 8 unless the person holding or in possession of such proceeds is
given a notice in writing informing him of the grounds on which it is
proposed to forfeit the proceeds of terrorism and such person is given an
opportunity of making a representation in writing within such reasonable
time as may be specified in the notice against the grounds of forfeiture and
is also given a reasonable opportunity of being heard in the matter.
(2) No order of forfeiture shall be made under sub-section (1), if such
person establishes that he is a bona fide transferee of such proceeds for
value without knowing that they represent proceeds of terrorism.
(3) It shall be competent for the Special Court to make an order in respect
of property seized or attached,—
(a) directing it to be sold if it is a perishable property and the
provisions of section 459 of the Code shall, as nearly as may be
practicable, apply to the net proceeds of such sale;
(b) nominating any officer of the Central or State Government, in the case
of any other property, to perform the function of the Administrator of such
property subject to such conditions as may be specified by the Special
Court.
10. Appeal.-
(1) Any person aggrieved by an order of forfeiture under section 8 may,
within one month from the date of the receipt of such order, appeal to the
High Court within whose jurisdiction, the Special Court, who passed the
order appealed against, is situated.
(2) Where an order under section 8 is modified or annulled by the High Court
or where in a prosecution instituted for the contravention of the provisions
of this Act, the person against whom an order of forfeiture has been made
under section 8 is acquitted, such property shall be returned to him and in
either case if it is not possible for any reason to return the forfeited
property, such person shall be paid the price therefor as if the property
had been sold to the Central Government with reasonable interest calculated
from the day of seizure of the property and such price shall be determined
in the manner prescribed.
11. Order of forfeiture not to interfere with other punishments.-
The order of forfeiture made under this Act by the Special Court, shall not
prevent the infliction of any other punishment to which the person affected
thereby is liable under this Act.
12. Claims by third party.-
(1) Where any claim is preferred, or any objection is made to the seizure of
any property under section 7 on the ground that such property is not liable
to seizure, the Designated Authority before whom such property is produced,
shall proceed to investigate the claim or objection:
Provided that no such investigation shall be made where the Designated
Authority considers that the claim or objection is designed to cause
unnecessary delay.
(2) In case claimant or objector establishes that the property specified in
the notice issued under section 9 is not liable to be forfeited under the
Act, the said notice shall be withdrawn or modified accordingly.
13. Powers of Designated Authority.-
The Designated Authority, acting under the provisions of this Act, shall
have all the powers of a civil court required for making a full and fair
enquiry into the matter before it.
14. Obligation to furnish information.-
(1) Notwithstanding anything contained in any other law, the officer
investigating any offence under this Act, with prior approval in writing of
an officer not below the rank of a Superintendent of Police, may require any
officer or authority of the Central Government or a State Government or a
local authority or a bank, or a company, or a firm or any other institution,
establishment, organisation or any individual to furnish information in
their possession in relation to such offence, on points or matters, where
the investigating officer has reason to believe that such information will
be useful for, or relevant to, the purposes of this Act.
(2) Failure to furnish the information called for under sub-section (1), or
deliberately furnishing false information shall be punishable with
imprisonment for a term which may extend to three years or with fine or with
both.
(3) Notwithstanding anything contained in the Code, the offence under
sub-section (1) shall be tried as a summary case and the procedure
prescribed in Chapter XXI of the said Code [except sub-section (2) of
section 262] shall be applicable thereto.
15. Certain transfers to be null and void.-
Where, after the issue of an order under section 7 or issue of a notice
under section 9, any property referred to in the said order or notice is
transferred by any mode whatsoever, such transfer shall, for the purpose of
the proceedings under this Act, be ignored and if such property is
subsequently forfeited, the transfer of such property shall be deemed to be
null and void.
16. Forfeiture of property of certain persons.-
(1) Where any person is accused of any offence under this Act, it shall be
open to the Special Court trying him to pass an order that all or any of the
properties, movable or immovable or both belonging to him, shall, during the
period of such trial, be attached, if not already attached under this Act.
(2) Where a person has been convicted of any offence punishable under this
Act, the Special 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 Central Government or the State Government, as the case may be, free
from all encumbrances.
17. Company to transfer shares to Government.-
Where any shares in a company stand forfeited to the Central Government or
the State Government, as the case may be, under this Act, then, the company
shall, on receipt of the order of the Special Court, notwithstanding
anything contained in the Companies Act, 1956 (1 of 1956), or the articles
of association of the company, forthwith register the Central Government or
the State Government, as the case may be, as the transferee of such shares.
CHAPTER III Terrorist organisations
18. Declaration of an organization as a terrorist organization.-
(1) For the purposes of this Act, an organisation is a terrorist
organisation if—
(a) it is listed in the Schedule, or
(b) it operates under the same name as an organisation listed in that
Schedule.
(2) The Central Government may by order, in the Official Gazette,—
(a) add an organisation to the Schedule;
(b) remove an organisation from that Schedule;
(c) amend that Schedule in some other way.
(3) The Central Government may exercise its power under clause (a) of
sub-section (2) in respect of an organisation only if it believes that it is
involved in terrorism.
(4) For the purposes of sub-section (3), an organisation shall be deemed to
be involved in terrorism if it—
(a) commits or participates in acts of terrorism,
(b) prepares for terrorism,
(c) promotes or encourages terrorism, or
(d) is otherwise involved in terrorism.
19. Denotification of a terrorist organization.-
(1) An application may be made to the Central Government for the exercise of
its power under clause (b) of sub-section (2) of section 18 to remove an
organisation from the Schedule.
(2) An application may be made by—
(a) the organisation, or
(b) any person affected by inclusion of the organisation in the Schedule as
a terrorist organisation.
(3) The Central Government may make rules to prescribe the procedure for
admission and disposal of an application made under this section.
(4) Where an application under sub-section (1) has been refused, the
applicant may apply for a review to the Review Committee constituted by the
Central Government under sub-section (1) of section 60 within one month from
the date of receipt of the order by the applicant.
(5) The Review Committee may allow an application for review against refusal
to remove an organisation from the Schedule, if it considers that the
decision to refuse was flawed when considered in the light of the principles
applicable on an application for judicial review.
(6) Where the Review Committee allows review under sub-section (5) by or in
respect of an organisation, it may make an order under this sub-section.
(7) Where an order is made under sub-section (6), the Central Government
shall, as soon as the certified copy of the order is received by it, make an
order removing the organisation from the list in the Schedule.
20. Offence relating to membership of a terrorist organization.-
(1) A person commits an offence if he belongs or professes to belong to a
terrorist organisation:
Provided that this sub-section shall not apply where the person charged is
able to prove—
(a) that the organisation was not declared as a terrorist organisation at
the time when he became a member or began to profess to be a member; and
(b) that he has not taken part in the activities of the organisation at any
time during its inclusion in the Schedule as a terrorist organisation.
(2) A person guilty of an offence under this section shall be liable, on
conviction, to imprisonment for a term not exceeding ten years or with fine
or with both.
21. Offence relating to support given to a terrorist organization.-
(1) A person commits an offence if—
(a) he invites support for a terrorist organisation, and
(b) the support is not, or is not restricted to, the provision of money or
other property within the meaning of section 22.
(2) A person commits an offence if he arranges, manages or assists in
arranging or managing a meeting which he knows is—
(a) to support a terrorist organisation, or
(b) to further the activities of a terrorist organisation, or
(c) to be addressed by a person who belongs or professes to belong to a
terrorist organisation.
(3) A person commits an offence if he addresses a meeting for the purpose of
encouraging support for a terrorist organisation or to further its
activities.
(4) A person guilty of an offence under this section shall be liable on
conviction, to imprisonment for a term not exceeding ten years or with fine
or with both.
Explanation.—For the purposes of this section, the expression "meeting"
means a meeting of three or more persons whether or not the public are
admitted.
22. Fund raising for a terrorist organization to be an offence.-
(1) A person commits an offence if he—
(a) invites another to provide money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect that
it may be used, for the purposes of terrorism.
(2) A person commits an offence if he—
(a) receives money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect that
it may be used, for the purposes of terrorism.
(3) A person commits an offence if he—
(a) provides money or other property, and
(b) knows or has reasonable cause to suspect that it will or may be used for
the purposes of terrorism.
(4) In this section, a reference to the provision of money or other property
is a reference to its being given, lent or otherwise made available, whether
or not for consideration.
(5) A person guilty of an offence under this section shall be liable on
conviction, to imprisonment for a term not exceeding fourteen years or with
fine or with both.
CHAPTER IV Special Courts
23. Special Courts.-
(1) The Central Government or a State Government may, by notification in the
Official Gazette, constitute one or more Special 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 Special 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 Special
Court for the same area or areas or for the same case or class or group of
cases has also been issued by the State Government under that sub-section,
the Special Court constituted by the Central Government, whether the
notification constituting such Court is issued before or after the issue of
the notification constituting the Special Court by the State Government,
shall have, and the Special 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 Special Court constituted by the State Government shall
stand transferred to the Special Court constituted by the Central
Government.
(3) Where any question arises as to the jurisdiction of any Special Court,
it shall be referred to the Central Government whose decision in the matter
shall be final.
(4) A Special 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 of a Special Court.
(6) A person shall not be qualified for appointment as a judge or an
additional judge of a Special Court unless he is, immediately before such
appointment, a 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 Special Court, of
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
Special Court, the judge of the Special Court may, from time to time, by
general or special order, in writing, provide for the distribution of
business of the Special Court among all judges including 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.
24. Place of sitting.-
A Special 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 Special Court constituted by a State Government to any place
outside that State.
25. Jurisdiction of Special Courts.-
(1) Notwithstanding anything contained in the Code, every offence punishable
under any provision of this Act shall be triable only by the Special Court
within whose local jurisdiction it was committed or, as the case may be, by
the Special Court constituted for trying such offence under section 23.
(2) If, having regard to the exigencies of the situation prevailing in a
State,—
(a) it is not possible to have a fair, impartial or speedy trial; or
(b) it is not feasible to have the trial without occasioning the breach of
peace or grave risk to the safety of the accused, the witnesses, the Public
Prosecutor and a judge of the Special Court or any of them; or
(c) it is not otherwise in the interests of justice,
the Supreme Court may transfer any case pending before a Special Court to
any other Special Court within that State or in any other State and the High
Court may transfer any case pending before a Special Court situated in that
State to any other Special Court within the State.
(3) The Supreme Court or the High Court, as the case may be, may act under
this section either on the application of the Central Government or a party
interested and any such application shall be made by motion, which shall,
except when the applicant is the Attorney-General of India, be supported by
an affidavit or affirmation.
26. Power of Special Courts with respect to other offences.-
(1) When trying any offence, a Special 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 under any other law, the Special Court may convict such person of such
other offence and pass any sentence or award punishment authorised by this
Act or such rule or, as the case may be, under such other law.
27. Power to direct for samples, etc.-
(1) When a police officer investigating a case requests the Court of a Chief
Judicial Magistrate or the Court of a Chief Metropolitan Magistrate in
writing for obtaining samples of handwriting, finger-prints, foot-prints,
photographs, blood, saliva, semen, hair, voice of any accused person,
reasonably suspected to be involved in the commission of an offence under
this Act, it shall be lawful for the Court of a Chief Judicial Magistrate or
the Court of a Chief Metropolitan Magistrate to direct that such samples be
given by the accused person to the police officer either through a medical
practitioner or otherwise, as the case may be.
(2) If any accused person refuses to give samples as provided in sub-section
(1), the Court shall draw adverse inference against the accused.
28. Public Prosecutors.-
(1) For every Special 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 the 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 clause (u) of section 2 of
the Code, and the provisions of the Code shall have effect accordingly.
29. Procedure and powers of Special Courts.-
(1) Subject to the provisions of section 50, a Special Court may take
cognizance of any offence, without the accused being committed to it for
trial, upon receiving a complaint of facts that constitute such offence or
upon a police report of such facts.
(2) Where an offence triable by a Special Court is punishable with
imprisonment for a term not exceeding three years or with fine or with both,
the Special Court may, notwithstanding anything contained in sub-section (1)
of section 260 or section 262 of the Code, try the offence in a summary way
in accordance with the procedure prescribed in the Code and the provisions
of sections 263 to 265 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 Special Court that the nature of the case is such that it
is undesirable to try it in a summary way, the Special 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 Special
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 Special Court to pass a sentence of
imprisonment for a term not exceeding one year and with fine which may
extend to rupees five lakh.
(3) Subject to the other provisions of this Act, a Special Court shall, for
the purpose of trial of any offence, have all the powers of a Court of
Session and shall try such offence as if it were a Court of Session so far
as may be in accordance with the procedure prescribed in the Code for the
trial before a Court of Session.
(4) Subject to the other provisions of this Act, every case transferred to a
Special Court under section 25 shall be dealt with as if such case had been
transferred under section 406 of the Code to such Special Court.
(5) Notwithstanding anything contained in the Code, but subject to the
provisions of section 299 of the Code, a Special 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.
30. Protection of witnesses.-
(1) Notwithstanding anything contained in the Code, the proceedings under
this Act may, for reasons to be recorded in writing, be held in camera if
the Special Court so desires.
(2) A Special Court, if on an application made by a witness in any
proceeding before it or by the Public Prosecutor in relation to such witness
or on its own motion, is satisfied that the life of such witness is in
danger, it may, for reasons to be recorded in writing, take such measures as
it deems fit for keeping the identity and address of such witness secret.
(3) In particular, and without prejudice to the generality of the provisions
of sub-section (2), the measures which a Special Court may take under that
sub-section may include—
(a) the holding of the proceedings at a place to be decided by the Special
Court;
(b) the avoiding of the mention of the names and addresses of the witnesses
in its orders or judgments or in any records of the case accessible to
public;
(c) the issuing of any directions for securing that the identity and address
of the witnesses are not disclosed;
(d) a decision that it is in the public interest to order that all or any of
the proceedings pending before such a Court shall not be published in any
manner.
(4) Any person who contravenes any decision or direction issued under
sub-section (3) shall be punishable with imprisonment for a term which may
extend to one year and with fine which may extend to one thousand rupees.
31. Trial by Special Courts to have precedence.-
The trial under this Act of any offence by a Special Court shall have
precedence over the trial of any other case against the accused in any other
court (not being a Special Court) and shall be concluded in preference to
the trial of such other case and accordingly the trial of such other case
shall remain in abeyance.
32. 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 either in
writing or on any mechanical or electronic device like cassettes, tapes or
sound tracks from out of which sound or images can be reproduced, shall be
admissible in the trial of such person for an offence under this Act or the
rules made thereunder.
(2) A police officer shall, before recording any confession made by a person
under sub-section (1), explain to such person in writing that he is not
bound to make a confession and that if he does so, it may be used against
him:
Provided that where such person prefers to remain silent, the police officer
shall not compel or induce him to make any confession.
(3) The confession shall be recorded in an atmosphere free from threat or
inducement and shall be in the same language in which the person makes it.
(4) The person from whom a confession has been recorded under sub-section
(1), shall be produced before the Court of a Chief Metropolitan Magistrate
or the Court of a Chief Judicial Magistrate along with the original
statement of confession, written or recorded on mechanical or electronic
device within forty-eight hours.
(5) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate,
shall, record the statement, if any, made by the person so produced and get
his signature or thumb impression and if there is any complaint of torture,
such person shall be directed to be produced for medical examination before
a Medical Officer not lower in rank than an Assistant Civil Surgeon and
thereafter, he shall be sent to judicial custody.
33. Power to transfer cases to regular courts.-
Where, after taking cognizance of any offence, a Special Court is of the
opinion that the offence is not triable by it, it shall, notwithstanding
that it has no jurisdiction to try such offence, transfer the case for the
trial of such offence to any court having jurisdiction under the Code and
the Court to which the case is transferred may proceed with the trial of the
offence as if it had taken cognizance of the offence.
34. Appeal.-
(1) Notwithstanding anything contained in the Code, an appeal shall lie from
any judgment, sentence or order, not being an interlocutory order, of a
Special Court to the High Court both on facts and on law.
Explanation.—For the purposes of this section, "High Court" means a High
Court within whose jurisdiction, a Special Court which passed the judgment,
sentence or order, is situated.
(2) Every appeal under sub-section (1) shall be heard by a bench of two
Judges of the High Court.
(3) Except as aforesaid, no appeal or revision shall lie to any court from
any judgment, sentence or order including an interlocutory order of a
Special Court.
(4) Notwithstanding anything contained in sub-section (3) of section 378 of
the Code, an appeal shall lie to the High Court against an order of the
Special Court granting or refusing bail.
(5) Every appeal under this section shall be preferred within a period of
thirty days from the date of the judgment, sentence or order appealed from:
Provided that the High Court may entertain an appeal after the expiry of the
said period of thirty days if it is satisfied that the appellant had
sufficient cause for not preferring the appeal within the period of thirty
days.
35. Transitional provisions and transfer of pending proceedings.-
(1) The jurisdiction conferred by this Act on a Special Court, shall, until
a Special Court is constituted under section 23, in the case of any offence
punishable under this Act, notwithstanding anything contained in the Code,
be exercised by the Court of Session of the division in which such offence
has been committed and it shall have all the powers and follow the procedure
provided under this Chapter.
(2) On and from the date when the Special Court is constituted under section
23, every trial under the provisions of this Act, which would have been
required to be held before the Special Court, shall stand transferred to
that Court on the date on which it is constituted.
CHAPTER V Interception of communication in certain cases
36. Definitions.-
In this Chapter, unless the context otherwise requires,—
(a) "electronic communication" means any transmission of signs, signals,
writings, images, sounds, data or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic, photo electronic or
photo optical system that affects inland or foreign commerce but does not
include—
(i) the radio portion of a cordless telephone communication that is
transmitted between the wireless telephone hand-set and the base unit; or
(ii) any wire or oral communication; or
(iii) any communication made through a tone only paging device; or
(iv) any communication from a tracking device;
(b) "intercept" means the aural or other acquisition of the contents by
wire, electronic or oral communication through the use of any electronic,
mechanical or other device;
(c) "oral communication" means any oral communication uttered by a person
exhibiting an expectation that such communication is not subject to
interception under circumstances justifying such expectation but such term
does not include any electronic communication;
(d) "wire communication" means any aural transmission made in whole or part
through the use of facilities for the transmission of communications by the
aid of wire, cable or other like connection between the point of origin and
the point of connection, between the point of origin and the point of
reception (including the use of such connection in switching station) and
such term includes any electronic storage of such communication.
37. Appointment of Competent Authority.-
The Central Government or the State Government, as the case may be, may
appoint an officer not below the rank of Secretary to the Government in the
case of State Government and not below the rank of Joint Secretary to the
Government in the case of Central Government, to be the Competent Authority
for the purposes of this Chapter.
38. Application for authorization of interception of wire, electronic or
oral communication.-
(1) A police officer not below the rank of Superintendent of Police
supervising the investigation of any terrorist act under this Act may submit
an application in writing to the Competent Authority for an order
authorising or approving the interception of wire, electronic or oral
communication by the investigating officer when he believes that such
interception may provide, or has provided evidence of any offence involving
a terrorist act.
(2) Each application shall include the following information:—
(a) the identity of the investigating officer making the application, and
the head of the department authorising the application;
(b) a statement of the facts and circumstances relied upon by the applicant
to justify his belief that an order should be issued, including—
(i) details as to the offence of terrorist act that has been, is being, or
is about to be committed;
(ii) a particular description of the nature and location of the facilities
from which or the place where the communication is to be intercepted;
(iii) a particular description of the type of communications sought to be
intercepted; and
(iv) the identity of the person, if known, committing the terrorist act
whose communications are to be intercepted;
(c) a statement of the period of time for which the interception is required
to be maintained, if the nature of the enquiry is such that the
authorisation of interception should not automatically terminate after the
described type of communication has been first obtained;
(d) a particular description of facts establishing probable cause to believe
that additional communications of the same type will occur thereafter; and
(e) where the application is for the extension of an order, a statement
setting forth the results thus far obtained from the interception, or a
reasonable explanation of the failure to obtain such results.
(3) The Competent Authority may require the applicant to furnish additional
oral or documentary evidence in support of the application.
39. Decision by Competent Authority on application for interception
(1) Upon such application, the Competent Authority may reject the
application, or issue an order, as requested or as modified, authorising or
approving interception of wire, electronic or oral communications, if the
Competent Authority determines on the basis of the facts submitted by the
applicant that—
(a) there is a probable cause for belief that an individual is committing,
has committed, or is about to commit, a particular offence described and
made punishable under sections 3 and 4 of this Act;
(b) there is a probable cause of belief that particular communications
concerning that offence may be obtained through such interception;
(c) there is probable cause of belief that the facilities from which, or the
place where, the wire, electronic or oral communications are to be
intercepted are being used or are about to be used, in connection with the
commission of such offence, leased to, or are listed in, the name of or
commonly used by such person.
(2) Each order by the Competent Authority authorising or approving the
interception of any wire, electronic or oral communication under this
section shall specify—
(a) the identity of the person, if known, whose communications are to be
intercepted;
(b) the nature and location of the communication facilities as to which, or
the place where, authority to intercept is granted;
(c) a particular description of the type of communication sought to be
intercepted, and a statement of the particular offence to which it relates;
(d) the identity of the agency authorised to intercept the communications,
and the person authorising the application; and
(e) the period of time during which such interception is authorised,
including a statement as to whether or not the interception shall
automatically terminate after the described communication has been first
obtained.
40. Submission of order of interception to Review Committee.
(1) The Competent Authority shall, immediately after passing the order under
sub-section (1) of section 39, but in any case not later than seven days
from the passing of the order, submit a copy of the same to the Review
Committee constituted under section 60 alongwith all the relevant underlying
papers, record and his own findings, in respect of the said order, for
consideration and approval of the order by the Review Committee.
(2) An order authorising the interception of a wire, electronic or oral
communication under this section shall, upon request of the applicant,
direct that a provider of wire or electronic communication service,
landlord, custodian or other person shall furnish to the applicant forthwith
all information, facilities and technical assistance necessary to accomplish
the interception unobtrusively and with a minimum of interference with the
services that such service provider, landlord, custodian or person is
providing to the person whose communications are to be intercepted.
41. Duration of an order of inception, etc.
(1) No order issued under this section may authorise or approve the
interception of any wire, electronic or oral communication for any period
longer than is necessary to achieve the objective of the authorisation, nor
in any event longer than sixty days and such sixty days period shall begin
on the day immediately preceding the day on which the investigating officer
first begins to conduct an interception under the order or ten days after
order is issued whichever is earlier.
(2) The extension of an order may be granted, but only upon an application
for an extension made in accordance with sub-section (1) of section 38 and
the Competent Authority making the findings required by sub-section (1) of
section 39, and the period of such extension shall be no longer than the
Competent Authority deems necessary to achieve the purposes for which it was
granted and in no event for longer than sixty days at a time.
(3) Every order and extension thereof shall contain a provision that the
authorisation to intercept shall be executed as soon as practicable and
shall be conducted in such manner as to minimise the interception of
communications not otherwise subject to interception under this section and
shall terminate upon attainment of the authorised objective, or in any event
on the expiry of the period of said order or extension thereof.
42. Authority competent to carry out interception.
(1) An interception under this Chapter may be conducted in whole or in part
by a public servant, acting under the supervision of the investigating
officer authorised to conduct the interception.
(2) Whenever an order authorising an interception is issued pursuant to this
section, the order may require reports to be made to the Competent Authority
who issued the order showing that progress has been made towards achievement
of the authorised objective and the need for continued interception and such
report shall be made at such intervals as the Competent Authority may
require.
43. Interception of communication in emergency.
(1) Notwithstanding anything contained in any other provision of this
Chapter, an officer not below the rank of Additional Director General of
Police or a police officer of equivalent rank who reasonably determines
that—
(a) an emergency situation exists that involves—
(i) immediate danger of death or serious physical injury to any person; or
(ii) conspiratorial activities threatening the security or interest of the
State; or
(iii) conspiratorial activities, characteristic of a terrorist act, that
requires a wire, electronic or oral communication to be intercepted before
an order from the Competent Authority authorising such interception can,
with due diligence, be obtained; and
(b) there are grounds on which an order should be issued under this section
to authorise such interception,
may authorise, in writing, the investigating officer to intercept such wire,
electronic or oral communication, if an application for an order approving
the interception is made in accordance with the provisions of sub-sections
(1) and (2) of section 38 within forty-eight hours after the interception
has occurred, or begins to occur.
(2) In the absence of an order approving the interception made under
sub-section (1), such interception shall immediately terminate when the
communication sought is obtained or when the application for the order is
rejected, whichever is earlier; and in the event of an application for
permitting interception being rejected under sub-section (1) of section 39
or an application under sub-section (1) of this section for approval being
rejected, or in any other case where the interception is terminated without
an order having been issued, the contents of any wire, electronic or oral
communication intercepted shall be treated as having been obtained in
violation of this section.
44. Protection of information collected.
(1) The contents of any wire, electronic or oral communication intercepted
by any means authorised by this Chapter shall, as far as possible, be
recorded on tape or wire or other comparable device and shall be done in
such manner as to protect the recording from editing or other alterations.
(2) Immediately upon the expiration of the period of order, or extension
thereof, such recording shall be made available to the Competent Authority
issuing such order and shall be sealed under his directions and kept in the
custody of such person or authority as the Competent Authority orders, and
such recordings shall not be destroyed except upon an order of the Competent
Authority and in any event shall be kept for ten years.
(3) Applications made and orders issued under this Chapter shall be sealed
by the Competent Authority and custody of the applications and orders shall
be kept in such manner as the Competent Authority directs, and shall not be
destroyed except on an order of the Competent Authority, and in any event
shall be kept for ten years.
45. Admissibility of evidence collected through the interception of
communications.
Notwithstanding anything in the Code or in any other law for the time being
in force, the evidence collected through the interception of wire,
electronic or oral communication under this Chapter shall be admissible as
evidence against the accused in the Court during the trial of a case:
Provided that, the contents of any wire, electronic or oral communication
intercepted pursuant to this Chapter or evidence derived therefrom shall not
be received in evidence or otherwise disclosed in any trial, hearing or
other proceeding in any court unless each accused has been furnished with a
copy of the order of the Competent Authority, and accompanying application,
under which the interception was authorised or approved not less than ten
days before trial, hearing or proceeding:
Provided further that, the period of ten days may be waived by the judge
trying the matter, if he comes to the conclusion that it was not possible to
furnish the accused with the above information ten days before the trial,
hearing or proceeding and that the accused will not be prejudiced by the
delay in receiving such information.
46. Review of authorization order.
(1) The Review Committee constituted by the Central Government or the State
Government, as the case may be, shall review every order passed by the
Competent Authority under section 39.
(2) Every order passed by the Competent Authority under section 39, or
disapproved by the officer under section 43, shall be placed before the
Review Committee, which shall be considered by the Review Committee within
ten days after its receipt, to decide whether the order was necessary,
reasonable and justified.
(3) The Review Committee, after examining the entire record and holding such
enquiry, if any, deemed necessary may, by order in writing, either approve
the order passed by the Competent Authority or may issue order disapproving
the same.
(4) On issue of an order of disapproval by the Review Committee, the
interception, if any, already commenced shall be forthwith discontinued and
the intercepted communication, if any, in the form of tape, wire or other
device shall, thereupon, not be admissible as evidence in any case and shall
be directed to be destroyed.
47. Interception and disclosure of wire, electronic or oral communications
prohibited.
Except as otherwise specifically provided in section 39, any police officer
who—
(a) intentionally intercepts, endeavours to intercept, or procures any other
person to intercept or endeavour to intercept any wire, electronic or oral
communication;
(b) intentionally uses, endeavours to use, or procures any other person to
use or endeavours to use any electronic, mechanical or other device to
intercept any oral communication when—
(i) such device is affixed to, or otherwise transmits a signal through a
wire, cable, or other like connection used in wire communication; or
(ii) such device transmits communications by radio, or interferes with the
transmission of such communication;
(c) intentionally discloses, or endeavours to disclose, to any other person
the contents of any wire, electronic or oral communication, knowing or
having reason to know that the information was obtained through the
interception of a wire, electronic or oral communication in violation of
this Chapter;
(d) intentionally uses, or endeavours to use, the contents of any wire,
electronic or oral communication, knowing or having reason to know that the
information was obtained through the interception of a wire, electronic or
oral communication in violation of this Chapter;
(e) intentionally discloses, or endeavours to disclose, to any other
unauthorised person the contents of any wire, electronic or oral
communication, intercepted by means authorised by section 39;
(f) intentionally continues the interception of wire, electronic or oral
communication after the issue of an order of rejection by the Competent
Authority under this Chapter;
(g) intentionally continues the interception of wire, electronic or oral
communication after the issue of an order of disapproval by the Review
Committee under sub-section (3) of section 46,
shall for such violation be punishable with imprisonment for a term which
may extend to one year and with fine up to rupees fifty thousand.
48. Annual report of interceptions.
(1) The Central Government and the State Government, as the case may be,
shall cause an annual report to be prepared giving a full account of—
(a) the number of applications for authorisation of interceptions received
by the Competent Authority from the Police Department in which prosecutions
have been launched;
(b) the number of such applications permitted or rejected;
(c) the number of interceptions carried out in emergency situations and the
number of approvals granted or rejected in such matters;
(d) the number of prosecutions launched based on such interceptions and
convictions resulting from such interceptions, along with an explanatory
memorandum giving general assessment of the utility and importance of the
interceptions authorised.
(2) An annual report shall be laid by the State Government before the State
Legislature within three months of the completion of every calendar year:
Provided that, if the State Government is of the opinion that the inclusion
of any matter in the annual report would be prejudicial to the security of
the State or to the prevention or detection of any terrorist act, the State
Government may exclude such matter from being included in such annual
report.
(3) An annual report shall be laid by the Central Government before each
House of Parliament within three months of the completion of every calendar
year:
Provided that, if the Central Government is of the opinion that the
inclusion of any matter in the annual report would be prejudicial to the
security of the country or to the prevention or detection of any terrorist
act, the Central Government may exclude such matter from being included in
such annual report.
CHAPTER VI Miscellaneous
49. Modified application of certain provisions of the Code.
(1) Notwithstanding anything contained in the Code or any other law, every
offence punishable under this Act shall be deemed to be a cognizable offence
within the meaning of clause (c) of section 2 of the Code, and "cognizable
case" as defined in that clause shall be construed accordingly.
(2) Section 167 of the Code shall apply in relation to a case involving an
offence punishable under this Act subject to the modification that in
sub-section (2),—
(a) the references to "fifteen days", "ninety days" and "sixty days",
wherever they occur, shall be construed as references to "thirty days",
"ninety days" and "ninety days", respectively; and
(b) after the proviso, the following provisos shall be inserted, namely:—
"Provided further that if it is not possible to complete the investigation
within the said period of ninety days, the Special Court shall extend the
said period up to one hundred and eighty days, on the report of the Public
Prosecutor indicating the progress of the investigation and the specific
reasons for the detention of the accused beyond the said period of ninety
days:
Provided also that if the police officer making the investigation under this
Act, requests, for the purposes of investigation, for police custody from
judicial custody of any person from judicial custody, he shall file an
affidavit stating the reasons for doing so and shall also explain the delay,
if any, for requesting such police custody.".
(3) Section 268 of the Code shall apply in relation to a case involving an
offence punishable under this Act subject to the modification that—
(a) the reference in sub-section (1) thereof—
(i) to "the State Government" shall be construed as a reference to "the
Central Government or the State Government",
(ii) to "order of the State Government" shall be construed as a reference to
"order of the Central Government or the State Government, as the case may
be"; and
(b) the reference in sub-section (2) thereof, to "the State Government"
shall be construed as a reference to "the Central Government or the State
Government, as the case may be".
(4) Sections 366, 367 and 371 of the Code shall apply in relation to a case
involving an offence triable by a Special Court subject to the modification
that the reference to "Court of Session", wherever occurring therein, shall
be construed as the reference to "Special Court".
(5) Nothing in section 438 of the Code shall apply in relation to any case
involving the arrest of any person accused of having committed an offence
punishable under this Act.
(6) Notwithstanding anything contained in the Code, no person accused of an
offence punishable under this Act shall, if in custody, be released on bail
or on his own bond unless the Court gives the Public Prosecutor an
opportunity of being heard.
(7) Where the Public Prosecutor opposes the application of the accused to
release on bail, no person accused of an offence punishable under this Act
or any rule made thereunder shall be released on bail until the Court is
satisfied that there are grounds for believing that he is not guilty of
committing such offence:
Provided that after the expiry of a period of one year from the date of
detention of the accused for an offence under this Act, the provisions of
sub-section (6) of this section shall apply.
(8) The restrictions on granting of bail specified in sub-sections (6) and
(7) are in addition to the restrictions under the Code or any other law for
the time being in force on granting of bail.
(9) Notwithstanding anything contained in sub-sections (6), (7) and (8), no
bail shall be granted to a person accused of an offence punishable under
this Act, if he is not an Indian citizen and has entered the country
unauthorisedly or illegally except in very exceptional circumstances and for
reasons to be recorded in writing.
50. Cognizance of offences.
No court shall take cognizance of any offence under this Act without the
previous sanction of the Central Government or, as the case may be, the
State Government.
51. Officers competent to investigate offences under this Act.
Notwithstanding anything contained in the Code, no police officer,—
(a) in the case of the Delhi Special Police Establishment, below the rank of
a Deputy Superintendent of Police or a police officer of equivalent rank;
(b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and
any other metropolitan area notified as such under sub-section (1) of
section 8 of the Code, below the rank of an Assistant Commissioner of
Police;
(c) in any other case not relatable to clause (a) or clause (b), below the
rank of a Deputy Superintendent of Police or a police officer of an
equivalent rank,
shall investigate any offence punishable under this Act.
52. Arrest.
(1) Where a police officer arrests a person, he shall prepare a custody memo
of the person arrested.
(2) The person arrested shall be informed of his right to consult a legal
practitioner as soon as he is brought to the police station.
(3) Whenever any person is arrested, information of his arrest shall be
immediately communicated by the police officer to a family member or in his
absence to a relative of such person by telegram, telephone or by any other
means and this fact shall be recorded by the police officer under the
signature of the person arrested.
(4) The person arrested shall be permitted to meet the legal practitioner
representing him during the course of interrogation of the accused person:
Provided that nothing in this sub-section shall entitle the legal
practitioner to remain present throughout the period of interrogation.
53. Presumption as to offences under section 3.
(1) In a prosecution for an offence under sub-section (1) of section 3, if
it is proved—
(a) that the arms or explosives or any other substances specified in section
4 were recovered from the possession of the accused and there is reason to
believe that such arms or explosives or other substances of a similar
nature, were used in the commission of such offence; or
(b) that the finger-prints of the accused were found at the site of the
offence or on anything including arms and vehicles used in connection with
the commission of such offence,
the Special Court shall draw adverse inference against the accused.
(2) In a prosecution for an offence under sub-section (3) of section 3, if
it is proved that the accused rendered any financial assistance to a person,
having knowledge that such person is accused of, or reasonably suspected of,
an offence under that section, the Special Court shall draw adverse
inference against the accused.
54. Bar of jurisdiction of courts, etc.
No civil court or other authority shall have or, be entitled to, exercise
any jurisdiction, powers or authority in relation to the matters referred to
in sections 19 and 40 of the Act.
55. Saving.
(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the
procedure applicable to, any court or other authority under any law relating
to the naval, military or air forces or other armed forces of the Union.
(2) For the removal of doubts, it is hereby declared that for the purposes
of any such law as is referred to in sub-section (1), a Special Court shall
be deemed to be a court of ordinary criminal justice.
56. Overriding effect.
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act or in
any instrument having effect by virtue of any enactment other than this Act.
57. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Central
Government or a State Government or any officer or authority of the Central
Government or State Government or any other authority on whom powers have
been conferred under this Act, for anything which is in good faith done or
purported to be done in pursuance of this Act:
Provided that no suit, prosecution or other legal proceedings shall lie
against any serving member or retired member of the armed forces or other
para-military forces in respect of any action taken or purported to be taken
by him in good faith, in the course of any operation directed towards
combating terrorism.
58. Punishment and compensation for malicious action.
(1) Any police officer who exercises powers corruptly or maliciously,
knowing that there are no reasonable grounds for proceeding under this Act,
shall be punishable with imprisonment which may extend to two years, or with
fine, or with both.
(2) If the Special Court is of the opinion that any person has been
corruptly or maliciously proceeded against under this Act, the Court may
award such compensation as it deems fit to the person, so proceeded against
and it shall be paid by the officer, person, authority or Government, as may
be specified in the order.
59. Impounding passport and arms licence of person chargesheeted under the
Act.
Notwithstanding anything contained in any other law for the time being in
force, the passport and the arms licence of a person, who is charge-sheeted
for having committed any offence under this Act, shall be deemed to have
been impounded for such period as the Special Court may deem fit.
60. Review Committees.
(1) The Central Government and each State Government shall, whenever
necessary, constitute one or more Review Committees for the purposes of this
Act.
(2) Every such Committee shall consist of a Chairperson and such other
members not exceeding three and possessing such qualifications as may be
prescribed.
(3) A Chairperson of the Committee shall be a person who is, or has been, a
Judge of a High Court, who shall be appointed by the Central Government, or
as the case may be, the State Government, so however, that the concurrence
of the Chief Justice of the High Court shall be obtained in the case of a
sitting Judge:
Provided that in the case of a Union territory, the appointment of a person
who is a Judge of the High Court of a State shall be made as a Chairperson
with the concurrence of the Chief Justice of the concerned High Court.
61. Power of High Courts to make rules.
The High Court may, by notification in the Official Gazette, make such
rules, if any, as they may deem necessary for carrying out the provisions of
this Act relating to Special Courts within their territories.
62. Power to make rules.
(1) Without prejudice to the powers of the High Courts to make rules under
section 61, the Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters,
namely:—
(a) regulating the conduct of persons in respect of areas the control of
which is considered necessary or expedient and the removal of such persons
from such areas;
(b) the entry into, and search of—
(i) any vehicle, vessel or aircraft; or
(ii) any place, whatsoever,
Reasonably suspected of being used for committing the offences referred to
in section 3 or section 4 or for manufacturing or storing anything for the
commission of any such offence;
(c) conferring powers upon—
(i) the Central Government;
(ii) a State Government;
(iii) an Administrator of a Union territory under article 239 of the
Constitution;
(iv) an officer of the Central Government not lower in rank than that of a
Joint Secretary; or
(v) an officer of a State Government not lower in rank than that of a
District Magistrate,
to make general or special orders to prevent or deal with terrorist acts;
(d) the arrest and trial of persons contravening any of the rules or any
order made thereunder;
(e) the punishment of any person who contravenes or attempts to contravene
or abets or attempts to abet the contravention of any rule or order made
thereunder with imprisonment for a term which may extend to one year or fine
or both;
(f) providing for the seizure and detention of any property in respect of
which such contravention, attempt or abetment as is referred to in clause
(e) has been committed and for the adjudication of such seizure and
detention, whether by any court or by any other authority;
(g) determination of the price of the forfeited property under sub-section
(2) of section 10;
(h) the procedure of making application under sub-section (3) of section 19;
and
(i) the qualifications of the members of the Review Committee under
sub-section (2) of section 60.
63. Orders and rules to be laid before Houses of Parliament.
Every order and every rule made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree in making any
modification in the order or rule or both Houses agree that the order or
rule should not be made, the order or rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that order or rule.
64. Repeal and saving.
(1) The Prevention of Terrorism (Second) Ordinance, 2001 is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any
action taken under the said Ordinance shall be deemed to have been done or
taken under the corresponding provisions of this Act.
THE SCHEDULE
(See section 18)
Terrorist organisations
1. Babbar Khalsa International.
2. Khalistan Commando Force.
3. Khalistan Zindabad Force.
4. International Sikh Youth Federation.
5. Lashkar-e-Taiba/Pasban-e-Ahle Hadis
6. Jaish-e-Mohammed/Tahrik-e-Furqan
7. Harkat-ul-Mujahideen/Harkat-ul-Ansar/Harkat-ul-Jehad-e-Islami.
8. Hizb-ul-Mujahideen/Hizb-ul-Mujahideen Pir Panjal Regiment.
9. Al-Umar-Mujahideen.
10. Jammu and Kashmir Islamic Front.
11. United Liberation Front of Assam (ULFA).
12. National Democratic Front of Bodoland (NDFB).
13. People’s Liberation Army (PLA).
14. United National Liberation Front (UNLF).
15. People’s Revolutionary Party of Kangleipak (PREPAK).
16. Kangleipak Communist Party (KCP).
17. Kanglei Yaol Kanba Lup (KYKL).
18. Manipur People’s Liberation Front (MPLF).
19. All Tripura Tiger Force.
20. National Liberation Front of Tripura.
21. Liberation Tigers of Tamil Eelam (LTTE).
22. Students Islamic Movement of India.
23. Deendar anjuman.
24.Communist Party of India (Marxist-Leninist)—People’s War, all its
formations and front organisations
25.Maoist Communist Centre (MCC), All its formations and front
organisations.
26.Al Badr
27. Jamiat-Ul-Mujahidden
28. Al-Qaida.
29. Dukhtaran-e-Millat (DEM)
30. Tamil Nadu Liberation Army (TNLA)
31. Tamil National Retrieval Troops (TNRT)
32. Akhil Bharat Nepali Ekta Samaj (ABNES)
Explanation.—For the purposes of this Schedule, serial numbers 24 and 25
shall be deemed to have been included with effect from the date of
publication of S.O. No. 1194(E), dated the 5th December, 2001.
K.N. CHATURVEDI,
Addl. Secy. to the Govt. of India
