Terrorism: Indian Law & Practise
The Unlawful Activities (Prevention)
Amendment Ordinance, 2004
Promulgated
by the President in the Fifty-fifth Year of the Republic of India.
An Ordinance
further to amend the Unlawful Activities (Prevention) Act, 1967.
WHEREAS Parliament is not in session and the
President is satisfied that circumstances exist which render it necessary
for him to take immediate action;
NOW, THEREFORE, in exercise of the powers
conferred by clause (1) of article 123 of the Constitution, the President is
pleased to promulgate the following Ordinance:-
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1. (1) This Ordinance may be called the
Unlawful Activities (Prevention) Amendment Ordinance, 2004.
(2) It shall come into force at once.
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Short title and
commencement. |
37 of 1967. |
2. In the Unlawful Activities (Prevention) Act, 1967
(hereinafter referred to as the principal Act), in the long title,
after the word �associations�, the words �, and for dealing with
terrorist activities,� shall be inserted.
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Amendment of long title.
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3. In the principal Act, for the words and figures �Code of
Criminal Procedure, 1898�, wherever they occur, the word �Code�
shall be substituted. |
Substitution of word �Code� for �Code of
Criminal Procedure, 1898�.
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Short title, extent and application.
Definitions.
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4. In Chapter I of the principal Act, for sections 1, 2 and
2A, the following sections shall be substituted, namely:-
�1. (1) This Act may be called the Unlawful Activities
(Prevention) Act, 1967.
(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.
2. (1) In this Act, unless the context
otherwise requires,-
(a) "association" means any combination or body of
individuals;
(b) "cession of a part of the territory of India" includes
admission of the claim of any foreign country to any such part ;
(c) "Code" means the Code of Criminal Procedure, 1973;
(d) �court� means a criminal court having jurisdiction,
under the Code, to try offences under this Act;
(e) "Designated Authority" means such officer of the Central
Government not below the rank of Joint Secretary to that Government,
or such officer of the State Government not below the rank of
Secretary to that Government, as the case may be, as may be
specified by the Central Government or the State Government, by a
notification published in the Official Gazette;
(f) "prescribed" means prescribed by rules made under this
Act;
(g) "proceeds of terrorism" means 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, irrespective of person in whose name such proceeds
are standing or in whose possession they are found, and includes any
property which is being used, or is intended to be used, for the
purpose of a terrorist organisation;
(h) "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 cash and
bank account;
(i) "secession of a part of the territory of India from
the Union" includes the assertion of any claim to determine whether
such part will remain a part of the territory of India;
(j) "State Government", in relation to a Union territory,
means the Administrator thereof;
(k) "terrorist act" has the meaning assigned to it in
section 15, and the expressions �terrorism� and �terrorist� shall be
construed accordingly;
(l) �terrorist gang� means any association, other than
terrorist organisation, whether systematic or otherwise, which is
concerned with, or involved in, terrorist act;
(m) �terrorist organisation� means an organisation listed
in the Schedule or an organisation operating under the same name as
an organisation so listed;
(n) "Tribunal" means the Tribunal constituted under
section 5;
(o) "unlawful activity", in relation to an individual or
association, means any action taken by such individual or
association (whether by committing an act or by words, either spoken
or written, or by signs or by visible representation or otherwise),-
(i) which is intended, or supports any claim, to bring
about, on any ground whatsoever, the cession of a part of the
territory of India or the secession of a part of the territory of
India from the Union, or which incites any individual or group of
individuals to bring about such cession or secession; or
(ii) which disclaims, questions, disrupts or is intended to
disrupt the sovereignty and territorial integrity of India ; or
(iii) which causes or is intended to cause disaffect-ion
against India;
(p)
"unlawful association" means any association,-
(i) which has for its object any unlawful activity, or
which encourages or aids persons to undertake any unlawful activity,
or of which the members undertake such activity; or
(ii) which has for its object any activity which is
punishable under section 153A or section 153B of the Indian Penal
Code, or which encourages or aids persons to undertake any such
activity, or of which the members undertake any such activity:
Provided that nothing contained in sub-clause (ii) shall
apply to the State of Jammu and Kashmir;
(q) 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.�.
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Amendment of Chapter I.
2 of 1974.
45 of 1860.
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Amendment of section 5. |
5. In section 5 of the principal Act, in sub-section (7),
for the word and figures �Chapter XXXV�, the word and figures
�Chapter XXVI� shall be substituted.
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Substitution of new section for section 10.
Penalty for being member of an unlawful
association, etc.
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6. For
section 10 of the principal Act, the following section shall be
substituted, namely:-
�10. Where an association is declared unlawful by a notification
issued under section 3 which has become effective under sub-section
(3) of that section,-
(a) a person, who-
(i) is and continues to be a member of such
association; or
(ii) takes part in meetings of such association; or
(iii) contributes to, or receives or solicits any
contri-bution for the purpose of, such association; or
(iv) in any way assists the operations of such
association,
shall be punishable with imprisonment for a term which may extend to
two years, and shall also be liable to fine; and
(b) a person, who is or continues to be a member of such
association, 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,-
(i) and if such act has resulted in the death of
any person, shall be punishable with death or imprisonment for life,
and shall also be liable to fine;
(ii) in any other case, 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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7. For
Chapter IV of the principal Act, the following Chapters and the
Schedule shall be substituted, namely:-
�CHAPTER IV
PUNISHMENT FOR TERRORIST ACTIVITIES
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Substitution of new Chapters and Schedule for
Chapter IV.
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15.
Whoever, 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 in India or in any foreign country, does any
act 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,
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 in India or in any foreign
country or causes damage or destruction of any property or equipment
used or intended to be used for the defence 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 in India or the Government of a foreign country or any
other person to do or abstain from doing any act, commits a
terrorist act.
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Terrorist act. |
Punishment for harbouring, etc.
Punishment for being member of terrorist gang
or organisation.
Punishment for holding proceeds of terrorism.
Punishment for threatening witness. |
16. (1) 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.
17. Whoever raises fund for the purpose of committing 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.
18. 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 the commission of 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.
19. Whoever voluntarily harbours
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 section shall not
apply to any case in which the harbour or concealment is by the
spouse of the offender.
20. Any person who is a member of
a terrorist gang or a terrorist organisation, which is involved in
terrorist act, shall be punishable with imprisonment for a term
which may extend to imprisonment for life, and shall also be liable
to fine.
21. Whoever knowingly holds any
property derived or obtained from commission of any terrorist act or
acquired through the terrorist fund shall be punishable with
imprisonment for a term which may extend to imprisonment for life,
and shall also be liable to fine.
22. 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 intent to cause any of the said
acts, shall be punishable with imprisonment which may extend to
three years, and shall also be liable to fine.
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Punishment for terrorist act.
Punishment for raising fund for terrorist act.
Punishment for conspiracy, etc .
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Enhanced penalties. |
23. (1)
If any person with intent to aid any terrorist contravenes any
provision of, or any rule made under the Explosives Act, 1884 or the
Explosive Substances Act, 1908 or the Inflammable Substances Act,
1952 or the Arms Act, 1959, or is in unauthorised possession of any
bomb, dynamite or hazardous explosive substance or other lethal
weapon or substance capable of mass destruction or biological or
chemical substance of warfare, he shall, notwithstanding anything
contained in any of the aforesaid Acts 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) Any person who, with intent to
aid any terrorist, attempts to contravene or abets, or does any act
preparatory to contravention of any provision of any law or rule
specified in sub-section (1), shall be deemed to have
contravened that provision under sub-section (1) and the
provisions of that sub-section in relation to such person, have
effect subject to the modification that the reference to
"imprisonment for life" therein shall be construed as a reference to
"imprisonment for ten years".
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4 of 1884.
6 of 1908.
20 of 1952.
54 of 1959. |
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CHAPTER V
FORFEITURE OF PROCEEDS OF TERRORISM
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24. (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
terrorist or other person is prosecuted or convicted for any offence
under Chapter IV or Chapter VI, 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.
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Forfeiture of proceeds of terrorism. |
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25. (1)
If an officer investigating an offence committed under Chapter IV or
Chapter VI, 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 property
seized or attached is produced and a copy of such order shall be
served on the person concerned.
(2) The investigating officer
shall duly inform the Designated Authority within forty-eight hours
of the seizure or attachment of such property.
(3) The Designated Authority
before whom the seized or attached property is produced shall either
confirm or revoke the order of seizure or attachment so issued
within a period of sixty days from the date of such production:
Provided that an opportunity of making a
representation by the person whose property is being seized or
attached shall be given.
(4) 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.
(5) 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; or
(b)
it forms the whole or part of the resources of a terrorist
organisation:
Provided that
the cash seized under this sub-section by the investigating officer
shall be released within a 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 or 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.
(6) Any person aggrieved by an
order made by the Designated Authority may prefer an appeal to the
court within a period of thirty days from the date of receipt of the
order, and the court may either confirm the order of attachment of
property or seizure so made or revoke such order and release the
property.
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Powers of investigating officer and Designated
Authority and appeal against order of Designated Authority.
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Court to order forfeiture of proceeds of
terrorism. |
26.
Where any property is seized or attached on the ground that it
constitutes proceeds of terrorism and the court confirms the order
in this regard under sub-section (6) of section 25, it may
order forfeiture of such property, whether or not the person from
whose possession it is seized or attached, is prosecuted in a court
for an offence under Chapter IV or Chapter VI.
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Issue of show cause notice before forfeiture of
proceeds of terrorism. |
27. (1)
No order forfeiting any proceeds of terrorism shall be made under
section 26 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
court to make an order in respect of the 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 Government or the
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 court.
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Appeal. |
28. (1)
Any person aggrieved by an order of forfeiture under section 26 may,
within one month from the date of the receipt of such order, appeal
to the High Court within whose jurisdiction, the court, which passed
the order appealed against, is situated.
(2) Where
an order under section 26 is modified or annulled by the High Court
or where in a prosecution instituted for any offence under Chapter
IV or Chapter VI, the person against whom an order of forfeiture has
been made under section 26 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.
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29. The
order of forfeiture made under this Chapter by the court, shall not
prevent the infliction of any other punishment to which the person
affected thereby is liable under Chapter IV or Chapter VI.
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Order of forfeiture not to interfere with other
punishments.
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30. (1)
Where any claim is preferred or any objection is made to the seizure
or attachment of any property under section 25 on the ground that
such property is not liable to seizure or attachment, 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) Where an appeal has been
preferred under sub-section (6) of section 25 and any claimant or
objector establishes that the property specified in the notice
issued under section 27 is not liable to be forfeited under this
Chapter, the said notice shall be withdrawn or modified accordingly.
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Claims by third
party. |
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31. The
Designated Authority, acting under the provisions of this Chapter,
shall have all the powers of a civil court required for making a
full and fair inquiry into the matter before it.
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Powers of Designated Authority.
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32.
Where, after the issue of an order under section 25 or issue of a
notice under section 27, 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 Chapter, be
ignored and if such property is subsequently forfeited, the transfer
of such property shall be deemed to be null and void.
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Certain transfers
to be null and void. |
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33. (1)
Where any person is accused of an offence under Chapter IV or
Chapter VI, it shall be open to the court 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 Chapter.
(2) Where a
person has been convicted of any offence punishable under Chapter IV
or Chapter VI, the 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.
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Forfeiture of property of certain persons.
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Company to transfer shares to Government.
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34.
Where any share in a company stands forfeited to the Central
Government or the State Government, as the case may be, under this
Chapter, then, the company shall, on receipt of the order of the
court, notwithstanding anything contained in the Companies Act,
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 share.
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1 of 1956. |
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CHAPTER VI
TERRORIST ORGANISATIONS
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Amendment of Schedule, etc. |
35. (1)
The Central Government may, by order, in the Official Gazette,�
(a) add an organisation in the Schedule;
(b) add also an organisation in the Schedule, which is
identified as a terrorist organisation in a resolution adopted by
the Security Council under Chapter VII of the Charter of the United
Nations, to combat international terrorism;
(c) remove an organisation from the Schedule;
(d) amend the Schedule in some other way.
(2) The Central Government shall
exercise its power under clause (a) of sub-section (1)
in respect of an organisation only if it believes that it is
involved in terrorism.
(3) For the purposes of
sub-section (2), an organisation shall be deemed to be
involved in terrorism if it�
(a)
commits or participates in acts of terrorism, or
(b)
prepares for terrorism, or
(c)
promotes or encourages terrorism, or
(d) is
otherwise involved in terrorism.
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Denotification of a terrorist organisation.
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36. (1)
An application may be made to the Central Government for the
exercise of its power under clause (c) of sub-section (1)
of section 35 to remove an organisation from the Schedule.
(2) An application under sub-section
(1) 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
prescribe the procedure for admission and disposal of an application
made under this section.
(4) Where an application under
sub-section (1) has been rejected, the applicant may apply
for a review to the Review Committee constituted by the Central
Government under sub-section (1) of section 37, within one
month from the date of receipt of the order of such rejection by the
applicant.
(5) The Review Committee may
allow an application for review against rejection to remove an
organisation from the Schedule, if it considers that the decision to
reject 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 to such effect.
(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 Schedule.
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37. (1)
The Central Government shall constitute one or more Review
Committees for the purposes of section 36.
(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 and in the case of appointment of a sitting Judge, the
concurrence of the Chief Justice of the concerned High Court shall
be obtained.
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Review Committees. |
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38. (1)
A person, who associates himself, or professes to be associated,
with a terrorist organisation with intention to further its
activities, commits an offence relating to membership of 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, who commits the
offence relating to membership of a terrorist organisation under
sub-section (1), shall be punishable with imprisonment for a
term not exceeding ten years, or with fine, or with both.
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Offence relating to membership of a terrorist
organisation.
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39. (1)
A person commits the offence relating to support given to a
terrorist organisation,-
(a) who, with intention to further the activity of a terrorist
organisation,-
(i) invites support for the terrorist organisation, and
(ii) the support is not or is not restricted to provide
money or other property within the meaning of section 40; or
(b) who, with intention to further the activity of a
terrorist organisation, arranges, manages or assists in arranging or
managing a meeting which he knows is-
(i) to support the terrorist organisation, or
(ii) to further the activity of the terrorist organisation,
or
(iii) to be addressed by a person who associates or professes
to be associated with the terrorist organisation; or
(c) who, with intention to further the activity of a
terrorist organisation, addresses a meeting for the purpose of
encouraging support for the terrorist organisation or to further its
activity.
(2) A person, who commits the
offence relating to support given to a terrorist organisation under
sub-section (1), shall be punishable with imprisonment for a
term not exceeding ten years, or with fine, or with both.
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Offence relating to support given to a
terrorist organisation.
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Offence of raising fund for a terrorist
organisation. |
40. (1)
A person commits the offence of raising fund for a terrorist
organisation, who, with intention to further the activity of a
terrorist organisation,-
(a) invites another person to provide money or other
property, and intends that it should be used, or has reasonable
cause to suspect that it might be used, for the purposes of
terrorism; or
(b) receives money or other property, and intends that it
should be used, or has reasonable cause to suspect that it might be
used, for the purposes of terrorism; or
(c) provides money or other property, and knows, or has
reasonable cause to suspect, that it would or might be used for the
purposes of terrorism.
Explanation.- For the purposes of this sub-section, a
reference to provide money or other property includes of its being
given, lent or otherwise made available, whether or not for
consideration.
(2) A person, who commits the offence of raising fund for
a terrorist organisation under sub-section (1), shall be
punishable with imprisonment for a term not exceeding fourteen
years, or with fine, or with both.
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CHAPTER VII
MISCELLANEOUS
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41. An
association shall not be deemed to have ceased to exist by reason
only of any formal act of its dissolution or change of name but
shall be deemed to continue so long as any actual combination for
the purposes of such association continues between any members
thereof.
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Continuance of association. |
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42. The
Central Government may, by notification in the Official Gazette,
direct that all or any of the powers which may be exercised by it
under section 7, or section 8, or both, shall, in such circumstances
and under such conditions, if any, as may be specified in the
notification, be exercised also by any State Government and the
State Government may, with the previous approval of the Central
Government, by order in writing, direct that any power which has
been directed to be exercised by it shall, in such circumstances and
under such conditions, if any, as may be specified in the direction,
be exercised by any person subordinate to the State Government as
may be specified therein.
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Power to delegate. |
25 of 1946. |
43.
Notwithstanding anything contained in the Code, no police officer,-
(a) in the case of the Delhi Special Police Establishment
constituted under sub-section (1) of section 2 of the Delhi
Special Police Establishment Act, 1946, 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 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 Chapter IV or Chapter VI.
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Officers competent to investigate offences
under Chapters IV and VI.
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44. (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 court so desires.
(2) A 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 court may take under that sub-section may include�
(a) the holding of the proceedings at a place to be
decided by the court;
(b) the avoiding of the mention of the name and address of
the witness 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 witness 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 three
years, and shall also be liable to fine.
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Protection of witnesses. |
Cognizance of offences. |
45. No
court shall take cognizance of any offence-
(i) under Chapter III without the previous sanction of the
Central Government or any officer authorised by the Central
Government in this behalf;
(ii) under Chapter IV or Chapter VI without the previous
sanction of the Central Government or, as the case may be, the State
Government, and where such offence is committed against the
Government of a foreign country without the previous sanction of the
Central Government.
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Admissibility of evidence collected through the
interception of communications. |
46.
Notwithstanding anything contained in the Indian Evidence Act, 1872
or any other law for the time being in force, the evidence collected
through the interception of wire, electronic or oral communication
under the provisions of the Indian Telegraph Act, 1885 or the
Information Technology Act, 2000 or any other law for the time being
in force, 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 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 under the aforesaid
law, under which the interception was directed, 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 such order ten days before the
trial, hearing or proceeding and that the accused shall not be
prejudiced by the delay in receiving such order.
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1 of 1872.
13 of 1885.
21 of 2000. |
Bar of jurisdiction. |
47. (1)
Save as otherwise expressly provided in this Act, no proceeding
taken under this Act by the Central Government or the District
Magistrate or any officer authorised in this behalf by the Central
Government or the District Magistrate, shall be called in question
in any civil court in any suit or application or by way of appeal or
revision, and no injunction shall be granted by any civil court or
other authority in respect of any action taken or to be taken in
pursuance of any power conferred by or under this Act.
(2)
Notwithstanding anything contained in sub-section (1), 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 section 36.
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48. The
provisions of this Act or any rule or order made thereunder shall
have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act or any instrument
having effect by virtue of any enactment other than this Act. |
Effect of Act and rules, etc., inconsistent
with other enactments.
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49. No suit, prosecution or other legal
proceeding shall lie against-
(a) the Central Government or a State Government or any
officer or authority of the Central Government or State Government
or District Magistrate or any officer authorised in this behalf by
the Government or the District Magistrate 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 or any rule or order made thereunder; and
(b) any serving or retired member of the armed forces or
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.
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Protection of action taken in good faith.
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50. 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 navy, army or
air force or other armed forces of the Union.
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Saving. |
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51.
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 court
may deem fit. |
Impounding of passport and arms licence of
person charge-sheeted under the Act.
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52. (1) 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) the service of notices or orders issued or made under
this Act and the manner in which such notices or orders may be
served, where the person to be served is a corporation, company,
bank or other association;
(b) the procedure to be followed by the Tribunal or a
District Judge in holding any inquiry or disposing of any
application under this Act;
(c) determination of the price of the forfeited property
under sub-section (2) of section 28;
(d) the procedure for admission and disposal of an
application under sub-section (3) of section 36;
(e) the qualifications of the members of the Review
Committee under sub-section (2) of section 37; and
(f) any other matter which is required to be, or may be,
prescribed.
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Power to make rules. |
Orders and rules to be laid before both Houses
of Parliament.
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53. 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.
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THE SCHEDULE
[See
sections 2(1)(m) and 35]
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).�.
President. |
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