Bare Act Search Results

Protection of Human Rights Act, 1993 Preamble 1

Title: Protection of Human Rights Act, 1993

State: Central

Year: 1993

THE PROTECTION OF HUMAN RIGHTS ACT, 1993 [Act, No. 10 of 1994] [8th January, 1994] PREAMBLE An Act to provide for the Constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matter connected therewith or incidental thereto. be it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:--

The Protection of Human Rights Act, 1993 Complete Act

State: Kerala

Year: 1993

.....any law for the time being in force for the protection of human rights and recommend measures for their effective implementation; (e) review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures; (f) study treaties and other international instruments on human rights and make recommendations for their effective implementation; (g) undertake and promote research in the filed of human rights; (h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights, through publications, the media, seminars and other available means; (i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights (j) such other functions as it may consider necessary for the promotion of human rights. 13. Powers relating to inquiries.- (1) The Commission shall, while inquiring, into complaints under this act, have all the powers of a civil court trying a suit under the code of Civil Procedure, 1908 (5 of 1908), and in particulars in respect to the following matters, namely:- (a).....

Protection of Human Rights Act, 1993 Chapter III

Title: Functions and Powers of the Commission

State: Central

Year: 1993

.....section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. (5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI 6f the Code of Criminal Procedure, 1973. 1[(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises, for disposal in accordance with the provisions of this Act: Provided that no such.....

Protection of Human Rights Act, 1993 Section 12

Title: Functions of the Commission

State: Central

Year: 1993

.....any law for the time being in force for the protection of human rights and recommend measures for their effective implementation; (e) review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures; (f) study treaties and other international instruments on human rights and make recommendations for their effective implementation; (g) undertake and promote research in the field of human rights; (h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means; (i) encourage the efforts of non-governmental organisation and institutions working in the field of human rights; (j) such other functions as it may consider necessary for the promotion of human rights. ____________________________________________ 1. Inserted by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. 2. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (c) visit, under intimation to the State.....

Protection of Human Rights Act, 1993 Chapter V

Title: State Human Rights Commissions

State: Central

Year: 1993

..... Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section (1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.] ____________________________________________ 1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (2) The State Commission shall consist of-- (a) a Chairperson who has been a Chief Justice of a High Court; (b) one Member who is, or has been, a Judge of a High Court; (c) one Member who is, or has been, a district judge in that State; (d) two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights." 2. Inserted by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. Section 22 - Appointment of Chairperson and Members of State Commission Section 22 - Appointment of Chairperson and1[Members] of State Commission (1) The Chairperson and1[Members] shall be appointed by the Governor by warrant under his hand and seal: Provided that.....

Protection of Human Rights Act, 1993 Chapter II

Title: The National Human Rights Commission

State: Central

Year: 1993

.....by the Commission (1) The Commission shall meet at such time and place as the Chairperson may think fit. 1[(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure.] (3) All orders and decisions of the Commission shall be authenticated by the Secretary-General or any other officer of the Commission duly authorised by the Chairperson in this behalf. ____________________________________________ 1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (2) The Commission shall regulate its own procedure. " Section 11 - Officers and other staff of the Commission (1) The Central Government shall make available to the Commission-- (a) an officer of the rank of Secretary to the Government of India who shall be the Secretary-General of the Commission; and (b) such police and investigative staff under an officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the Commission. (2) Subject to such rules as may.....

Protection of Human Rights Act, 1993 Amending Act 1

Title: Protection of Human Rights (Amendment) Act, 2006

State: Central

Year: 1993

.....10 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-- "(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure.". 9. Amendment of section 12.-- In section 12 of the principal Act,-- (a) in clause (a), after the words "or any person on his behalf", the words "or on a direction or order of any court" shall be inserted; (b) for clause (c), the following clause shall be substituted, namely:-- "(c) visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;". 10. Amendment of section 13.-- In section 13 of the principal Act, after sub-section (5), the following sub-sections shall be inserted, namely:-- "(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any complaint.....

Protection of Human Rights Act, 1993 Section 21

Title: Constitution of State Human Rights Commission

State: Central

Year: 1993

.....the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment: Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section (1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.] ____________________________________________ 1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (2) The State Commission shall consist of-- (a) a Chairperson who has been a Chief Justice of a High Court; (b) one Member who is, or has been, a Judge of a High Court; (c) one Member who is, or has been, a district judge in that State; (d) two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights." 2. Inserted by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006.

Protection of Human Rights Act, 1993 Section 3

Title: Constitution of a National Human Rights Commission

State: Central

Year: 1993

.....discharge such functions of the Commission 2 [(except judicial functions and the power to make regulations under section 40B) as may be delegated to him by the Commission or the Chairperson, as the case may be]. (5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India. ____________________________________________ 1. Substituted for the words "National Commission for the Scheduled Castes and Scheduled Tribes" by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. 2. Substituted for the words "as it may delegate to him" by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006.

Protection of Human Rights Act, 1993 Chapter VI

Title: Human Rights Courts

State: Central

Year: 1993

For the purpose of providing speedy trial of offences arising out of violation of human rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offences: Provided that nothing in this section shall apply if-- (a) a Court of Session is already specified as a special court; or (b) a special court is already constituted, for such offences under any other law for the time being in force. Section 31 - Special Public Prosecutor For every Human Rights Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.