Anti-terrorism (Amendment) Act

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Act No. VI of 2014

An Act further to amend the Anti-terrorism Act, 1997
WHEREAS it is expedient further to amend the Anti-terrorism Act, 1997
(XXVII of 1997), for the purposes hereinafter appearing;

It is hereby enacted as follows:-
I . Short title and commencement.-( I ) This Act may be called the Anti-terrorism (Amendment) Act, 2014.
(2) It shall come into force at once.

2. Amendment of section 5, Act XXVII of 1997,–ln the Anti-terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said act, in section 5, in sub-section (2), in paragraph (i),-

(i) for the words “” when fired upon””, the words and comma ‘””after forming reasonable apprehension that death or grievous hurt may be caused by such act or offence””, shall be substituted;

(ii) for the semi-colon at the end, a colon shall be substituted, and thereafter the following provisos shall be added, namely:-

“”Provided that an order to open fire in such circumstances shall be given by a police officer not below the rank of BS-I7 and equivalent rank in the case of a member of Armed Forces or civil Armed forces or by a Magistrate on duty:

Provided further that the decision to fire or order firing shall be taken only by way of last resort, and shall in no case extend to the inflicting of more harm than is necessary to prevent the terrorist act or scheduled offence which has given rise to the reasonable apprehension of death or grievous hurt:

Provided fu1ther that all cases of firing which have resulted in death or grievous injury shall be reviewed by an internal inquiry committee constituted by the head of the law enforcement agency concerned.