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The Prevention of Terrorism Act

THE PREVENTION OF TERRORISM A
CT, 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
CHA
PTER I
Preliminary
1. Short title, application, commencement, duration and savings. –
(1) This Act may

be called the Prevention of Terror ism

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 contrar
y to the
provisions thereof, of which he is held guilty in India.
(4) Any person who commits an offence beyo nd 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) pe rsons 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, i t 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 expir
y u
nder the
operation of this sub -section shall not affect —
(a) the previous op eration 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,
liabilit
y, penalt
y, forfeiture or punishment as aforesaid,
and, any such investigation, legal proceeding or remedy may

be instituted, continued or en forced 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
Secretar
y to the Government, as the case may

be, as may

be s pecified 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,
mo
vable 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
me
anings respectively assigned to them in the Code.
(2) Any referen ce 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 an y,

in force in that area.
CHA
PTER II
Punishment for, and measures for dealing with, terrorist activities
3. Punishment for terrorist acts. –
(1) W
hoever, —

(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 St ate 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 decla red 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, explosi ve 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
dam
age to any property, commits a terrorist act.
Explanation. —For the purpose s of this sub -section, “a terrorist act” shall include the act of raising
funds intended for the purpose of terrorism.
(2) W
hoever commits a terrorist act, shall, —
(a) if such act has resulted in the death of any person, be punishable with death or impriso nm
ent 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
ye
ars but which may extend to imprisonment for life and shall also be liable to fine.
(3) W
hoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly
facilitates the commission of, a terrorist act or any act preparator
y t
o a terrorist act, shall be punishable
with im
prisonm
ent for a term which shall not be less than five years but which may

extend to
im
prisonm
ent for life and shall also be liable to fine.
(4) W
hoever 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 te rm w
hich 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 offe nder.
(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 te n 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) W
hoever knowingly holds any property derived or obtained from commission of any ter rorist act or
has been acquired through the terrorist funds shall be punishable with imprisonment for a term which
ma
y extend to imprisonment for life or with fine which may extend to rupees ten lakh or with both.
(7) W
hoever 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 pun ishable
with im
prisonment which may extend to three years and fine.

4. Possession of certain unauthorized arms, etc. –
Wh
ere 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, dy
nam
ite or hazardous explosive substances or other lethal weapons capable of mass
destruction o r 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 m ay

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 penal ties. –
(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 Ar ms Act, 1959 (54 of 1959), he shall, notwithstanding
anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with
im
prisonm
ent for a term which may

extend to imprisonment for life and shall also be liable to fine.
(2) Fo r 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 -secti on (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 forfeit ed 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 A
uthority
. –
(1) If an officer (not below the rank of Superintend ent 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 Direct or
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 other wise 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 remov al 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 u sed 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 proper ty
.

(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 prope rty

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 beg inning 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” mea ns —
(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. –
Wh
ere 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 proc eeds 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 o pportunity of
ma
king 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
ma
tter.

(2) No order of forfeiture shall be ma de 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 prop erty 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. Ap
peal .-
(1) Any person aggrieved by an order of forfeiture under se ction 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) W
here 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
inter est calculated from the day of seizure of the property and such price shall be determined in the
ma
nner prescribed.
11. Order of forfeiture not to interfere with other punishments. –
The order of forfeiture made under this Act by

the Special Court, shall no t prevent the infliction of any
other punishment to which the person affected thereby is liable under this Act.
12. Claims by

third party
. –
(1) W
here any claim is preferred, or any objection is made to the seizure of any property under section
7 on the gro und 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 unnecessar
y d
ela
y.
(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 withdra wn or m
odified
accordingly.
13. Powers of Designated A
uthority .-
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. Obliga tion 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,
ma
y require any offi cer 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 deliberatel y f
urnishing 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

cas e 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 .-
Wh
ere, after the issue of an order under section 7 or issue of a notice under se ction 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 pro perty shall be deemed to be null and void.
16. Forfeiture of property

of certain persons. –
(1) W
here any person is accused of any offence under this Act, it shall be open to the Special Court
try
ing him to pass an order that all or any of the properties, m ovable or immovable or both belonging to
him
, shall, during the period of such trial, be attached, if not already attached under this Act.
(2) W
here a person has been convicted of any offence punishable under this Act, the Special Court
ma
y, in addition to awarding any punishment, by order in writing, declare that any property, movable or
immovable or both, belonging to the accused and specif ied 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. –
Wh
ere any

shares in a company

stand forfeited to the Central Governmen t 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.
CHA
PTER 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 i t 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 encourage s 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 o rganisation from the Schedule.
(2) An application may

be m
ade 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

ma
ke rules to prescribe the proc edure for admission and disposal of
an application made under this section.
(4) W
here 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 b y t
he 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 a n application for judicial review.
(6) W
here 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) W
here 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 p rofesses 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
me
mb
er 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 convict ion, 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 supp ort is not, or is not restricted to, the provision of money

or other property within the
me
aning of section 22.
(2) A person commits an offence if he arranges, manages or assists in arranging or managing a
me
eting which he knows is —
(a) to support a terror ist 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
mo
re 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 prope rty
, 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, whethe r 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.
CHA
PTER IV
Special Courts
23. Special Courts. –
(1) The Centra l 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) W
here a notification co nstituting 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 constit uting 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 cas es 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) W
here 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 s hall 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 provide d 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
addition al judge.
(8) W
here 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 Co urt 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
ordinar y 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 anyth ing 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 gra ve 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 an y 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 m ay

be, may act under this section either on
the application of the Central Government or a party interested and any such application shall be
ma
de by m
otion, which shall, except when the applicant is the Attorney -General of India, be supported
by

an affida vit or affirmation.
26. Power of Special Courts with respect to other offences. –
(1) W
hen trying any offence, a Special Court may also try any other offence with which the accused
ma
y, 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

senten ce 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) W
hen 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 th is 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
sam
ples 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 ever
y S
pecial 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 sect ion 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) Ever
y person appointed as a Public Prosecut or 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 o r upon a police report of such facts.
(2) W
here 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, i n 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 tr
y it in a summary way, the Special
Court shall recall any witnesses who may

have been examined and proce ed to re -hear the case in the
ma
nner 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 t he 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 provis ions 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 Cou rt.
(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 pleade r and record the evidence of any witness, subject to the right
of the accused to recall the witness for cross -exam
ination.
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 th at 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 identit
y and address of such witness secret.

(3) In particular, and without prejudice to the generality of the provi sions of sub -section (2), the
me
asures 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 wi tnesses 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 orde r 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 t o 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 ac cordingly the trial of such other case shall remain in
abey
ance.
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 p rovisions 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
me
chanical or electronic device like cassettes, tapes or soun d tracks from out of which sound or
im
ages 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
ma
y be used against him:
Provided that where such person prefers to remain silent, the police officer shall not compel or induce
him

to mak e 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 rec orded 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
com
plaint 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 c ases to regular courts. –

Wh
ere, 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 s uch 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. Ap
peal. –
(1) Notwithstanding anything contained in the Co de, an appeal shall lie from any judgment, sentence
or order, not being an interlocutor
y 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
juris diction, 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 expir
y of the said perio d of thirty

day
s if
it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of
thirt
y da
ys.
35. Transitional provisions and transfer of pending proceedings. –
(1) The jurisdiction conferred by this Act on a Sp ecial 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, ever
y trial under the
provisions of this Act, which would have been requi red to be held before the Special Court, shall stand
transferred to that Court on the date on which it is constituted.
CHA
PTER 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 i nland 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 ma de 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 de vice;
(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 c ommunication;
(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 c onnection, 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. Ap
pointment of Competent A
uthority
. –
The Central Governme nt 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 Secretar
y to the Government in the case of Central Government, to be th e 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) t he 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, i ncluding —
(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 t he 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 interceptio n, or a reasonable explanation of the failure to obtain such results.
(3) The Competent Authority may require the applicant to furnish additional oral or documentar
y
evidence in support of the application.
39. Decision by

Competent A
uthority

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 de termines 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 o f 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,
electr onic 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) th e 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 inte rception 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 o r 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 t he 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 day
s period shall begin on the
day immediately

prece ding the day on which the investigating officer first begins to conduct an
interception under the order or ten day
s 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 pur poses for which it was granted and in no
event for longer than sixty days at a time.
(3) Ever
y 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 ma
nner 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 there of.
42. Au
thority

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) W
h enever 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 t hat 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 a uthorise such
interception,
ma
y a
uthorise, 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 communic ation 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 t his 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 viola tion 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 dev ice 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 m
ade 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. Ad
missibility

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
adm
issible as evidence against the accused in the Court during the trial of a case:
Provided that, the contents of any wire, electronic or oral commun ication 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 th e 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 mat ter, 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. Revie w of authorization order.
(1) The Review Committee constituted by the Central Government or the State Government, as the
case may

be, shall review ever
y order passed by the Competent Authority under section 39.
(2) Ever
y order passed by the Competent Autho rity

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 necessar
y,

reasonable a nd justified.
(3) The Review Committee, after examining the entire record and holding such enquir
y, if any, deemed
necessary may
, by

order in writing, either approve the order passed by the Competent Authority or
ma
y 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 admissibl e 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 inter cepts, 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 electron ic, 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 informat ion 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 t hat 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, electroni c 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) inten tionally 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. An
nual report of interceptions.
(1) The Central Government and the State Government, as the case may

be, shall c ause 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 re sulting from
such interceptions, along with an explanatory memorandum giving general assessment of the utility
and im
portance of the interceptions authorised.

(2) An annual report shall be laid by the State Government before the State Legislature within three
mo
nths 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 Governm ent 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 c ountry or to the prevention or detection of any
terrorist act, the Central Government may

exclude such matter from being included in such annual
report.
CHA
PTER VI
Miscellaneous
49. Modified application of certain provisions of the Code.
(1) Notwithstandin g any
thing 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 constr ued 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”, wherev er they occur, shall be
construed as references to “thirty day
s”, “ninety day
s” and “ninety day
s”, respectively; and
(b) after the proviso, the following provisos shall be inserted, namely: —
“Provided further that if it is not possible to complete the inve stigation 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
detentio n 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 cust ody
,
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 su bject 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 con strued 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 contain ed 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) W
here the Public Prosecutor opposes the a pplication 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 committ ing 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 specif ied 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
pers on accused of an offence punishable under this Act, if he is not an Indian citizen and has entered
the countr
y u
nauthorisedly 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 A
ct.
Notwithstanding anything conta ined 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 Ahmed abad and any other
me
tropolitan 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
Superin tendent of Police or a police officer of an equivalent rank,
shall investigate any offence punishable under this Act.
52. Ar
rest.
(1) W
here a police officer arrests a person, he shall prepare a custody memo of the person arrested.
(2) The person arrested s hall be informed of his right to consult a legal practitioner as soon as he is
brought to the police station.

(3) W
henever any person is arrested, information of his arrest shall be immediately communicated by
the police officer to a family member or in hi s 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 tha t 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 shal l 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 an
y e
nactment other than this Act or in any

inst rument 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 -mi
litary for ces 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 Sp ecial 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, authori ty

or Government, as may

be
specified in the order.
59. Impounding passport and arms licence of person chargesheeted under the A
ct.
Notwithstanding anything contained in any other law for the time being in force, the passport and the
arms licence of a pers on, 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
mo
re 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 b e obtained in the case of a
sitting Judge:
Provided that in the case of a Union territor
y, 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 Hig h 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 territorie s.
62. Power to make rules.
(1) W
ithout 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 particula r, 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 Adm
inistrator of a Union territory under article 239 of the Constitution;
(iv) an offic er 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 w ith 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 sect ion 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
ma
y b
e after it is made, before each House of Parliament, while it is in session, for a total period of
thirt
y da
ys which m
ay

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 ru le should not be made, the order or rule shall thereafter have effect only

in such
mo
dified 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 dee me
d to have been done or taken under the corresponding provisions of this
Act.

THE SCHEDULE
(See section 18)
Terrorist organisations
1. Babbar Khalsa Inte rnational .
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 /T
ahrik -e-Furqan
7. Harkat -ul-Mujahideen /Harkat -ul-An
sar /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 A
ssam (ULFA
) .
12. National Democratic Front of Bodoland (NDFB) .
13. People’s Liberation A
rmy

(PLA
) .
14. United National Liberation Front (UNLF) .
15. People’s Revolutionary

Party

of Kangleipak (PREPA
K) .
16. Kangleipak Communist Party

(KCP) .
17. Kanglei Yaol Kanba Lup (KYKL) .
18. Manipur People’s Liberation Front (MPLF).
19. Al
l 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 W
ar, all its form
ations 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 Arm y (TNLA)
31. Tamil National Retrieval Troops (TNRT)
32. Ak
hil 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 Indi a

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