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THE PREVENTION OF TERRORISM (SECOND) ORDINANCE, 2001
No. 12 OF 2001
Promulgated by the President in the Fifty-second Year of the Republic of India.
An Ordinance to make provisions for the prevention of, and for dealing with, terrorist activities and for matters connected therewith.
WHEREAS the Prevention of Terrorism Ordinance, 2001, to provide for the aforesaid matters was promulgated by the President on the 24th day of October, 2001;
AND WHEREAS the Prevention of Terrorism Bill, 2001, to replace the said Ordinance could not be introduced in the House of the People,
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
CHAPTER I
PRELIMINARY
Short title. extent. application. Commencement duration and savings.
1. (1) This Ordinance may be called the Prevention of Terrorism (Second) Ordinance, 2001.
(2) It extends to the whole of India.
(3) Every person shall be liable to punishment under this Ordinance for every act or omission contrary to the provisions thereof, of which he is held guilty in India.
(4) Any person who commits an offence beyond India which is punishable under this Ordinance shall be dealt with according to the provisions of this Ordinance in the same manner as if such act had been committed in India.
(5) The provisions of this Ordinance apply also to-
(a) citizens of India outside India;
(b) persons in the service of the Government, wherever they may be; and
(c) persons on ships and aircrafts, registered in India, wherever they may be.
(6) Save as otherwise provided in respect of entries at serial numbers 24 and 25 of the Schedule to this Ordinance, it 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 expiry under the operation of this sub-section shall not affected) the previous operation of, or anything duly done or suffered under this Ordinance, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under this Ordinance, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence under this Ordinance, or (if) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and, any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Ordinance had not expired.
Definitions.
2. (1) In this Ordinance, unless the context otherwise requires, -
(a) "Code" means the Code of Criminal Procedure, 1973;
(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 Secretary to the Government, as the case may be, as may be specified by the Central Government or as the case may be, the State Government, by 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 nave 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 arc found;
(d) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets and includes 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 Ordinance and defined in the Code shall have the meanings respectively assigned to them in the Code.
(2) Any reference in this Ordinance to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
CHAPTER II
PUNISHMENT FOR, AND MEASURES FOR DEALING WITH, TERRORIST ACTIVITIES
Punishment for terrorist acts.
3. (1) Whoever,-
(a) with intent to thieaten 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 fire arms 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 defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act;
(b) is or continues to be a member of an association declared unlawful under the Unlawful Activities (Prevention) Act, 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, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes significant damage to any property, commits a terrorist act.
Explanation,- For the purposes of this subsection, "a terrorist act" shall include the act of raising funds intended for the purpose of terrorism.
(2) Whoever commits a terrorist act, shall,-
(i) if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to fine,
(ii) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(4) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine:
Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the husband or wife of the offender.
(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 ten 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) Whoever knowingly holds any property derived or obtained from commission of any terrorist act or has been acquired through the terrorist funds shall be punishable with imprisonment for a term which may extend to imprisonment for life or with fine which may extend to rupees ten lakh or with both.
(7) Whoever threatens any person who is a witness or any other person in whom such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other person in whom the witness may be interested, or does any other unlawful act with the said intent, shall be punishable with imprisonment which may extend to three years and fine.
Possession of certain unauthorized arms, etc.
4. Where any person is in unauthorized possession of any,-
(a) arms or ammunition specified in columns (2) and (3) of Category 1 or Category HI (a) of Schedule I to the Arms Rules, 1962, in a notified area,
(b) bombs, dynamite or hazardous explosive substances or other lethal weapons capable of mass destruction or 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 may 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.
Enhanced penalties.
5. (1) If any person with intent to aid any terrorist contravenes any provision of, or any rule made under, the Arms Act, 1959, the Explosives Act, 1884, the Explosive Substances Act, 1908 or the Inflammable Substances Act, 1952, he shall, notwithstanding anything contained in any of the aforesaid Acts or 1he rules made thereunder, be punishable with imprisonment for a term which may extend to imprisonment for life and shall also be liable to fine.
(2) For 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-section (I) 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"
Holding of proceeds of terrorism illegal.
6. (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 Ordinance, shall be liable to be forfeited to the Central Government or the State Government, as the case may be, in the manner provided under this Chapter.
Powers of investigating officers and appeal against order of Designated Authority.
7. (1) If an officer (not below the rank of Superintendent of Police) investigating an offence committed under this Ordinance, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director General of the Police of the State in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom the properties seized or attached are produced and a copy of such order shall be served on the person concerned.
(2) For the removal of doubts, it is hereby provided that where an organisation is declared as a terrorist organisation under this Ordinance 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 used 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 property.
(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 property 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 organization under this Ordinance:
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 beginning with the time when it is seized unless the matter involving the cash is before the Designated Authority and such authority passes an order allowing its retention beyond forty-eight hours.
Explanation.- For the purposes of this sub-section, "cash" means-
(a) coins 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.
Forfeiture of proceeds of terrorism.
8. 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-section (1) 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 Ordinance.
Issue of show cause notice before forfeiture of proceeds of terrorism.
9. (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 notice in writing informing him of the grounds on which it is proposed to forfeit the proceeds of terrorism and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter.
(2) No order of forfeiture shall be made under subsection (1), if such person establishes that he is a bonafide 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 property seized or attached,-
(a) directing it to be sold if it is a perishable property and the provisions of section 459 of the Code shall, as nearly as may be practicable, apply to the net proceeds of such sale;
(b) nominating any officer of the Central 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.
Appeal.
10. (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 Court within whose jurisdiction, the Special Court, who passed the order appealed against, is situated.
(2) Where 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 Ordinance, 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 interest calculated from the day of seizure of the property and such price shall be determined in the manner prescribed.
Order of forfeiture not to interfere with other
11. The order of forfeiture made under this Ordinance by the Special Court, shall not prevent the infliction of punishments. any other punishment to which the person affected thereby is liable under this Ordinance.
Claims by third party.
12. (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 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 was designed to cause unnecessary delay.
(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 Ordinance, the said notice shall be withdrawn or modified accordingly.
Powers of Designated Authority.
13. The Designated Authority, acting under the provisions of this Ordinance, shall have all the powers of a Civil Court required for making a full and fair enquiry into the matter before it.
Obligation to furnish information.
14. (1) Notwithstanding anything contained in any other law, the officer investigating any offence under this Ordinance, with 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 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 Ordinance.
(2) 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, the offence under sub-section (/) 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.
Certain transfers to be null and void.
15. 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 by any mode whatsoever, such transfer shall, for the purpose of the proceedings under this Ordinance, be ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void.
Forfeiture of property of certain persons.
16. (1) Where any person is accused of any offence under this Ordinance, it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both belonging to him, shall, during the p
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