SectionsParticulars
Chapter IPreliminary
1Short title, application, commencement, duration and savings
1.     This Act may be called the Prevention of Terrorism Act, 2002. 2.     It extends to the whole of India. 3.     Every person shall be liable to punis...
2Definitions
1.     In this Act, unless the context otherwise requires,- a.     "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); b.    "Designated Authorit...
Chapter IIPunishment for and Measures for Dealing with, Terrorist Activities
3Punishment for terrorist acts
1.     Whoever,- a.     with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of t...
4Possession of certain unauthorized arms, etc.
Where any person is in unauthorised possession of any- a.     arms or ammunition specified in columns (2) and (3) of Category I or Category III (a) of Sched...
5Enhanced penalties
1.     If any person with intent to aid any terrorist contravenes any provision of, or any rule made under the Explosives Act, 1884 (4 of 1884), the Explosiv...
6Holding 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 pers...
7Powers of investigating officers and appeal against order of Designated Authority
1.     If an officer (not below the rank of Superintendent of Police) investigating an offence committed under this Act, has reason to believe that any prope...
8Forfeiture of proceeds of terrorism
Where any property is seized or attached on the ground that it constitutes proceeds of terrorism and the Special Court is satisfied in this regard under sub-s...
9Issue of show cause notice before forfeiture of proceeds of terrorism
1.     No order forfeiting any proceeds of terrorism shall be made under section 8 unless the person holding or in possession of such proceeds is given a not...
10Appeal
1.     Any person aggrieved by an order of forfeiture under section 8 may, within one month from the date of the receipt of such order, appeal to the High Co...
11Order of forfeiture not to interfere with other punishments
The order of forfeiture made under this Act by the Special Court, shall not prevent the infliction of any other punishment to which the person affected thereb...
12Claims by third party
1.     Where any claim is preferred, or any objection is made to the seizure of any property under section 7 on the ground that such property is not liable t...
13Powers of Designated Authority
The Designated Authority, acting under the provisions of this Act, shall have all the powers of a civil court required for making a full and fair enquiry into...
14Obligation 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 office...
15Certain transfers to be null and void
Where, after the issue of an order under section 7 or issue of a notice under section 9, any property referred to in the said order or notice is transferred b...
16Forfeiture of property of certain persons
1.     Where any person is accused of any offence under this Act, it shall be open to the Special Court trying him to pass an order that all or any of the pr...
17Company to transfer shares to Government
Where any shares in a company stand forfeited to the Central Government or the State Government, as the case may be, under this Act, then, the company shall, ...
Chapter IIITerrorist Organisations
18Declaration 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 sam...
19Denotification 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 orga...
20Offence relating to membership of a terrorist organization
1.     A person commits an offence if he belongs or professes to belong to a terrorist organisation: Provided that this sub-section shall not apply where the...
21Offence relating to support given to a terrorist organization
1.     A person commits an offence if- a.     he invites support for a terrorist organisation, and b.    the support is not, or is not restricted to, the pr...
Chapter IVSpecial Courts
22Special Courts
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 reason...
23Functions of State Biodiversity Board
1.     The Central Government or a State Government may, by notification in the Official Gazette, constitute one or more Special Courts for such area or area...
24Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.
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...
25Jurisdiction of Special Courts
1.     Notwithstanding anything contained in the Code, every offence punishable under any provision of this Act shall be triable only by the Special Court wi...
26Power of Special Courts with respect to other offences
1.     When trying any offence, a Special Court may also try any other offence with which the accused may, under the Code, be charged at the same trial if th...
27Power to direct for samples, etc.
1.     When a police officer investigating a case requests the Court of a Chief Judicial Magistrate or the Court of a Chief Metropolitan Magistrate in writin...
28Public Prosecutors
1.     For every Special Court, the Central Government or, as the case may be, the State Government, shall appoint a person to be the Public Prosecutor and m...
29Procedure 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...
30Protection 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 Sp...
31Trial 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 ...
32Certain confessions made to police officers to be taken into consideration
1.     Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made...
33Power to transfer cases to regular courts
Where, after taking cognizance of any offence, a Special Court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has ...
34Appeal
1.     Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Speci...
35Transitional provisions and transfer of pending proceedings
1.     The jurisdiction conferred by this Act on a Special Court, shall, until a Special Court is constituted under section 23, in the case of any offence pu...
Chapter VInterception of Communication in Certain Cases
36Definitions
In this Chapter, unless the context otherwise requires,- a.     "electronic communication" means any transmission of signs, signals, writings, images, sound...
37Appointment of Competent Authority
The Central Government or the State Government, as the case may be, may appoint an officer not below the rank of Secretary to the Government in the case of St...
38Application 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 applic...
39Decision by Competent Authority on application for interception
1.     Upon such application, the Competent Authority may reject the application, or issue an order, as requested or as modified, authorising or approving in...
40Submission 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...
41Duration of an order of inception, etc.
1.     No order issued under this section may authorise or approve the interception of any wire, electronic or oral communication for any period longer than ...
42Authority 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...
43Interception 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...
44Protection 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 ...
45Admissibility 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 o...
46Review of authorization order
1.     The Review Committee constituted by the Central Government or the State Government, as the case may be, shall review every order passed by the Compete...
47Interception and disclosure of wire, electronic or oral communications prohibited
Except as otherwise specifically provided in section 39, any police officer who- a.     intentionally intercepts, endeavours to intercept, or procures any ot...
48Annual report of interceptions
1.     The Central Government and the State Government, as the case may be, shall cause an annual report to be prepared giving a full account of- a.     the ...
Chapter VIMiscellaneous
49Modified application of certain provisions of the Code
1.     Notwithstanding anything contained in the Code or any other law, every offence punishable under this Act shall be deemed to be a cognizable offence wi...
50Cognizance 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 Governm...
51Officers competent to investigate offences under this Act
Notwithstanding anything contained in the Code, no police officer,- a.     in the case of the Delhi Special Police Establishment, below the rank of a Deputy ...
52Arrest
1.     Where a police officer arrests a person, he shall prepare a custody memo of the person arrested. 2.     The person arrested shall be informed of his...
53Presumption 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 speci...
54Bar of jurisdiction of courts, etc.
No civil court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sect...
55Saving
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 t...
56Overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrume...
57Protection 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 Gover...
58Punishment 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...
59Impounding passport and arms licence of person chargesheeted under the Act
Notwithstanding anything contained in any other law for the time being in force, the passport and the arms licence of a person, who is charge-sheeted for havi...
60Review committees
60. 1.     The Central Government and each State Government shall, whenever necessary, constitute one or more Review Committees for the purposes of this Act....
61Power 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 r...
62Power to make rules
1.     Without prejudice to the powers of the High Courts to make rules under section 61, the Central Government may, by notification in the Official Gazette...
63Orders and rules to be laid before Houses of Parliament
Every order and every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, w...
64Repeal and saving
1.     The Prevention of Terrorism (Second) Ordinance, 2001 is hereby repealed. 2.     Notwithstanding the repeal of the said Ordinance, anything done or an...
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