The Unlawful Activities (Prevention) Act, 1967
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Section
Section 34 Company to transfer shares to Government.
Where any share in a company stand 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 (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 share.
Section 35 Amendment of Schedule, etc. 18 docs
1[ 35. Amendment of Schedule, etc.-- (1) The Central Government may, by 2[notification], in the Official Gazette,--
(a) add an organisation to the 3[First Schedule] 4[or the name of an individual in the Fourth Schedule];
(b) add also an organisation to the 3[First 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, 4[or the name of an individual in the Fourth Schedule], to combat international terrorism;
(c) remove an organisation from the 3[First Schedule] 4[or the name of an individual from the Fourth Schedule];
(d) amend the 3[First Schedule] 4[or the Fourth Schedule] in some other way.
(2) The Central Government shall exercise its power under clause (a) of sub-section (1) in respect of 5[an organisation or an individual only if it believes that such organisation or individual is] involved in terrorism.
(3) For the purposes of sub-section (2), 6[an organisation or an individual shall be deemed to be involved in terrorism if such organisation or individual]--
(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.
7[(4) The Central Government may, by notification in the Official Gazette, add to or remove or amend the Second Schedule or Third Schedule and thereupon the Second Schedule or the Third Schedule, as the case may be, shall be deemed to have been amended accordingly.
(5) Every notification issued under sub-section (1) or sub-section (4) shall, as soon as may be after it is issued, be laid before Parliament.]
(a) add an organisation to the 3[First Schedule] 4[or the name of an individual in the Fourth Schedule];
(b) add also an organisation to the 3[First 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, 4[or the name of an individual in the Fourth Schedule], to combat international terrorism;
(c) remove an organisation from the 3[First Schedule] 4[or the name of an individual from the Fourth Schedule];
(d) amend the 3[First Schedule] 4[or the Fourth Schedule] in some other way.
(2) The Central Government shall exercise its power under clause (a) of sub-section (1) in respect of 5[an organisation or an individual only if it believes that such organisation or individual is] involved in terrorism.
(3) For the purposes of sub-section (2), 6[an organisation or an individual shall be deemed to be involved in terrorism if such organisation or individual]--
(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.
7[(4) The Central Government may, by notification in the Official Gazette, add to or remove or amend the Second Schedule or Third Schedule and thereupon the Second Schedule or the Third Schedule, as the case may be, shall be deemed to have been amended accordingly.
(5) Every notification issued under sub-section (1) or sub-section (4) shall, as soon as may be after it is issued, be laid before Parliament.]
1. Subs. by 28 of 2019, s. 4 for "TERRORIST ORGANISATIONS: (w.e.f. 14-8-2019).
2. Subs. by Act 3 of 2013 s. 12, for "order" (w.e.f. 1-2-2013).
3. Subs. by s. 12, ibid., for "Schedule" (w.e.f. 1-2-2013).
4. Ins. by Act 28 of 2019 s. 5 (w.e.f. 14-8-2019).
5. Subs. by Act 28 of 2019, s. 5, for "an organisation only if it believes that it is" (w.e.f. 14-8-2019).
6. Subs. by s. 5, ibid., for "an organisation shall be deemed to be involved in terrorism if it" (w.e.f. 14-8-2019).
7. Ins. by Act 3 of 2013, s. 12 (w.e.f. 1-2-2013).
2. Subs. by Act 3 of 2013 s. 12, for "order" (w.e.f. 1-2-2013).
3. Subs. by s. 12, ibid., for "Schedule" (w.e.f. 1-2-2013).
4. Ins. by Act 28 of 2019 s. 5 (w.e.f. 14-8-2019).
5. Subs. by Act 28 of 2019, s. 5, for "an organisation only if it believes that it is" (w.e.f. 14-8-2019).
6. Subs. by s. 5, ibid., for "an organisation shall be deemed to be involved in terrorism if it" (w.e.f. 14-8-2019).
7. Ins. by Act 3 of 2013, s. 12 (w.e.f. 1-2-2013).
Section 36 Denotification of terrorist organisation or individual.
36. Denotification of 1[terrorist organisation or individual].-- (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 2[an organisation from the First Schedule, or as the case may be, the name of an individual from the Fourth 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 3[First Schedule as a terrorist organisation, or].
4[(c) any person affected by inclusion of his name in the Fourth Schedule as a terrorist.]
(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 refusal by the applicant.
(5) The Review Committee may allow an application for review against rejection, to remove 5[an organisation from the First Schedule or the name of an individual from the Fourth 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 6[or an individual], 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 7[First Schedule or the name of an individual from the Fourth 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 3[First Schedule as a terrorist organisation, or].
4[(c) any person affected by inclusion of his name in the Fourth Schedule as a terrorist.]
(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 refusal by the applicant.
(5) The Review Committee may allow an application for review against rejection, to remove 5[an organisation from the First Schedule or the name of an individual from the Fourth 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 6[or an individual], 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 7[First Schedule or the name of an individual from the Fourth Schedule].
1. Subs. by Act 28 of 2019, s. 6, for "a terrorist organisation" (w.e.f. 14-8-2019).
2. Subs. by s. 6, ibid., for "an organisation from the Schedule" (w.e.f. 14-8-2019).
3. Subs. by s. 6, ibid., for "Schedule as a terrorist organization" (w.e.f. 14-8-2019).
4. Ins. by s. 6, ibid. (w.e.f. 14-8-2019).
5. Subs. by s. 6, ibid., for "an organisation from the Schedule" (w.e.f. 14-8-2019).
6. Ins. by s. 6, ibid., (w.e.f. 14-8-2019).
7. Subs. by s. 6, ibid., for "Schedule" (w.e.f. 14-8-2019).
2. Subs. by s. 6, ibid., for "an organisation from the Schedule" (w.e.f. 14-8-2019).
3. Subs. by s. 6, ibid., for "Schedule as a terrorist organization" (w.e.f. 14-8-2019).
4. Ins. by s. 6, ibid. (w.e.f. 14-8-2019).
5. Subs. by s. 6, ibid., for "an organisation from the Schedule" (w.e.f. 14-8-2019).
6. Ins. by s. 6, ibid., (w.e.f. 14-8-2019).
7. Subs. by s. 6, ibid., for "Schedule" (w.e.f. 14-8-2019).
Section 37 Review Committees.
(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.
(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.
Section 38 Offence relating to membership of a terrorist organisation
(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 1[First 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.
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 1[First 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.
1. Subs. by Act 28 of 2019, s. 7 for "Schedule" (w.e.f. 14-8-2019).
Section 39 Offence relating to support given to a terrorist organisation.
(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 organization; 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 organization; or
(ii) to further the activity of the terrorist organization; 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.
(a) who, with intention to further the activity of a terrorist organisation,—
(i) invites support for the terrorist organization; 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 organization; or
(ii) to further the activity of the terrorist organization; 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.
Section 40 Offence of raising fund for a terrorist organisation
(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.
1[Explanation.—For the purposes of this sub-section, a reference to provide money or other property includes—
(a) of its being given, lent or otherwise made available, whether or not for consideration; or
(b) raising, collecting or providing funds through production or smuggling or circulation of high quality counterfeit Indian currency.]
(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.
(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.
1[Explanation.—For the purposes of this sub-section, a reference to provide money or other property includes—
(a) of its being given, lent or otherwise made available, whether or not for consideration; or
(b) raising, collecting or providing funds through production or smuggling or circulation of high quality counterfeit Indian currency.]
(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.
1. Subs. by Act 3 of 2013, s. 13, for the Explanation (w.e.f. 1-2-2013).
Section 41 Continuance of association.
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.
Section 42 Power to delegate. 2 docs
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.
Section 43 Officers competent to investigate offence under Chapters IV and VI.
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 (25 of 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;
1[(ba) in the case of National Investigation Agency, below the rank of Inspector];
(c) in any case not relatable to clause (a) 1[or clause (ba)], 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 VI.
(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 (25 of 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;
1[(ba) in the case of National Investigation Agency, below the rank of Inspector];
(c) in any case not relatable to clause (a) 1[or clause (ba)], 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 VI.
1. Ins. by Act 28 of 2019, s. 8 (w.e.f. 14-8-2019).
Section 43A Power to arrest, search, etc.
1[43A. Power to arrest, search, etc.—Any officer of the Designated Authority empowered in this behalf, by general or special order of the Central Government or the State Government, as the case may be, knowing of a design to commit any offence under this Act or has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this Act or from any document, article or any other thing which may furnish evidence of the commission of such offence or from any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under this Chapter is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place.]
1. Ins. by Act 35 of 2008, s. 12 (w.e.f. 31-12-2008).
Section 43B Procedure of arrest, seizure, etc.
1[43B. Procedure of arrest, seizure, etc--(1) Any officer arresting a person under section 43A shall, as soon as may be, inform him of the grounds for such arrest.
(2) Every person arrested and article seized under section 43A shall be forwarded without unnecessary delay to the officer-in-charge of the nearest police station.
(3) The authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the Code.]
(2) Every person arrested and article seized under section 43A shall be forwarded without unnecessary delay to the officer-in-charge of the nearest police station.
(3) The authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the Code.]
1. Ins. by Act 35 of 2008, s. 12 (w.e.f. 31-12-2008).
Section 43C Application of provisions of Code.
1[43C. Application of provisions of Code--The provisions of the Code shall apply, insofar as they are not inconsistent with the provisions of this Act, to all arrests, searches and seizures made under this Act.]
1. Ins. by Act 35 of 2008, s. 12 (w.e.f. 31-12-2008).
Section 43D Modified application of certain provisions of the Code.
1[43D. Modified application of certain provisions of the Code.--(1) Notwithstanding anything contained in the Code or any other law, every offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the Code, and "cognizable case" as defined in that clause shall be construed accordingly.
(2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that in sub-section (2),--
(a) the references to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "thirty days", "ninety days" and "ninety days" respectively; and
(b) after the proviso, the following provisos shall be inserted, namely:--
"Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty 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 in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody.
(3) Section 268 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that--
(a) the reference in sub-section (1) thereof
(i) to "the State Government" shall be construed as a reference to "the Central Government or the State Government.";
(ii) to "order of the State Government" shall be construed as a reference to "order of the Central Government or the State Government, as the case may be"; and
(b) the reference in sub-section (2) thereof, to 'the State Government" shall be construed as a reference to "the Central Government or the State Government, as the case may be".
(4) 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.
(5) Notwithstanding anything contained in the Code, no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release:
Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.
(6) The restrictions on granting of bail specified in sub-section (5) is in addition to the restrictions under the Code or any other law for the time being in force on granting of bail.
(7) Notwithstanding anything contained in sub-sections (5) and (6), no bail shall be granted to a person accused of an offence punishable under this Act, if he is not an Indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing.]
(2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that in sub-section (2),--
(a) the references to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "thirty days", "ninety days" and "ninety days" respectively; and
(b) after the proviso, the following provisos shall be inserted, namely:--
"Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty 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 in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody.
(3) Section 268 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that--
(a) the reference in sub-section (1) thereof
(i) to "the State Government" shall be construed as a reference to "the Central Government or the State Government.";
(ii) to "order of the State Government" shall be construed as a reference to "order of the Central Government or the State Government, as the case may be"; and
(b) the reference in sub-section (2) thereof, to 'the State Government" shall be construed as a reference to "the Central Government or the State Government, as the case may be".
(4) 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.
(5) Notwithstanding anything contained in the Code, no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release:
Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.
(6) The restrictions on granting of bail specified in sub-section (5) is in addition to the restrictions under the Code or any other law for the time being in force on granting of bail.
(7) Notwithstanding anything contained in sub-sections (5) and (6), no bail shall be granted to a person accused of an offence punishable under this Act, if he is not an Indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing.]
1. Ins. by Act 35 of 2008, s. 12 (w.e.f. 31-12-2008).
Section 43E Presumption as to offence under section 15.
1[43E. Presumption as to offence under section 15.--In a prosecution for an offence under section 15, if it is proved
(a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or
(b) that by the evidence of the expert the finger-prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence 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 Court shall presume, unless the contrary is shown, that the accused has committed such offence.]
(a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or
(b) that by the evidence of the expert the finger-prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence 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 Court shall presume, unless the contrary is shown, that the accused has committed such offence.]
1. Ins. by Act 35 of 2008, s. 12 (w.e.f. 31-12-2008).
Section 43F Obligation to furnish information.
1[43F. Obligation to furnish information.--(1) Notwithstanding anything contained in any other law, the officer investigating any offence under this Act, with the prior approval in writing of an officer not below the rank of a Superintendent of Police, may require any officer or authority of the Central Government or a State Government or a local authority or a bank, or a company, or a firm or any other institution, establishment, organisation or any individual to furnish information in his or its 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) The failure to furnish the information called for under sub-section (1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(3) Notwithstanding anything contained in the Code, an offence under sub-section (2) shall be tried as a summary case and the procedure prescribed in Chapter XXI of the said [Code except sub-section (2) of section 262] shall be applicable thereto.]
(2) The failure to furnish the information called for under sub-section (1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(3) Notwithstanding anything contained in the Code, an offence under sub-section (2) shall be tried as a summary case and the procedure prescribed in Chapter XXI of the said [Code except sub-section (2) of section 262] shall be applicable thereto.]
1. Ins. by Act 35 of 2008, s. 12 (w.e.f. 31-12-2008).
Section 44 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 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.
(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.
Section 45 Cognizance of offences.
1[(1)] 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 and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and 2[if] such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.
3[(2) Sanction for prosecution under sub-section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation, within such time as may be prescribed, to the Central Government or, as the case may be, the State Government.]
(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 and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and 2[if] such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.
3[(2) Sanction for prosecution under sub-section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation, within such time as may be prescribed, to the Central Government or, as the case may be, the State Government.]
1. Section 45 renumbered as sub-section (1) thereof by Act 35 of 2008, s. 13 (w.e.f. 31-12-2008).
2. Subs. by Act 28 of 2019, s. 9 for "where" (w.e.f. 14-8-2019).
3. Ins. by Act 35 of 2008, s. 13 (w.e.f. 31-12-2008).
2. Subs. by Act 28 of 2019, s. 9 for "where" (w.e.f. 14-8-2019).
3. Ins. by Act 35 of 2008, s. 13 (w.e.f. 31-12-2008).
Section 46 Admissibility of evidence collected through the interception of communications.
Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 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 (13 of 1885) or the Information Technology Act, 2000 (21 of 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.
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.
Section 47 Bar of jurisdiction.
(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.
(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.