Bare Act Search Results

Prevention of Terrorism Act, 2002 [Repealed] Section 47

Title: Interception and Disclosure of Wire, Electronic or Oral Communications Prohibited

State: Central

Year: 2002

.....communication in violation of this Chapter; (e) intentionally discloses, or endeavours to disclose, to any other unauthorised person the contents of any wire, electronic or oral communication, intercepted by means authorised by section 39; (f) intentionally continues the interception of wire, electronic or oral communication after the issue of an order of rejection by the Competent Authority under this Chapter; (g) intentionally continues the interception of wire, electronic or oral communication after the issue of an order of disapproval by the Review Committee under sub-section (3) of section 46, shall for such violation be punishable with imprisonment for a term which may extend to one year and with fine up to rupees fifty thousand.

Prevention of Terrorism Act, 2002 [Repealed] Section 38

Title: Application for Authorization of Interception of Wire, Electronic or Oral Communication

State: Central

Year: 2002

.....identity of the investigating officer making the application, and the head of the department authorising the application; (b) a statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including- (i) details as to the offence of terrorist act that has been, is being, or is about to be committed; (ii) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (iii) a particular description of the type of communications sought to be intercepted; and (iv) the identity of the person, if known, committing the terrorist act whose communications are to be intercepted; (c) a statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorisation of interception should not automatically terminate after the described type of communication has been first obtained; (d) a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; and (e) where the application is for the.....

Prevention of Terrorism Act, 2002 [Repealed] Chapter V

Title: Interception of Communication in Certain Cases

State: Central

Year: 2002

.....been issued, the contents of any wire, elcetronic or oral communication intercepted shall be treated as having been obtained in violation of this section. Section 44 - Protection 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 on tape or wire or other comparable device and shall be done in such manner as to protect the recording from editing or other alterations. (2) Immediately upon the expiration of the period of order, or extension thereof, such recording shall be made available to the Competent Authority issuing such order and shall be sealed under his directions and kept in the custody of such person or authority as the Competent Authority orders, and such recordings shall not be destroyed except upon an order of the Competent Authority and in any event shall be kept for ten years. (3) Applications made and orders issued under this Chapter shall be sealed by the Competent Authority and custody of the applications and orders shall be kept in such manner as the Competent Authority directs, and shall not be destroyed except on an order of.....

Prevention of Terrorism Act, 2002 Complete Act

State: Central

Year: 2002

.....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 extent 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.....

Prevention of Terrorism Act, 2002 [Repealed] Section 36

Title: Definitions

State: Central

Year: 2002

In this Chapter, unless the context otherwise requires,- (a) "electronic communication" means any transmission of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects inland or foreign commerce but does not include- (i) the radio portion of a cordless telephone communication that is transmitted between the wireless telephone hand-set and the base unit; (ii) any wire or oral communication; (iii) any communication made through a tone only paging device; or (iv) any communication from a tracking device; (b) "intercept" means the aural or other acquisition of the contents by wire, electronic or oral communication through the use of any electronic, mechanical or other device; (c) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication; (d) "wire communication" means any aural transmission made in whole or part through the use o

Prevention of Terrorism Act, 2002 [Repealed] Section 39

Title: Decision by Competent Authority on Application for Interception

State: Central

Year: 2002

.....authorising or approving interception of wire, electronic or oral communications, if the Competent Authority determines on the basis of the facts submitted by the applicant that- (a) there is a probable cause for belief that an individual is committing, has committed, or is about to commit a particular offence described and made punishable under sections 3 and 4 of this Act; (b) there is a probable cause of belief; that particular communications concerning that offence may be obtained through such interception; (c) there is probable cause of belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted are being used or arc about to be used, in connection with the commission of such offence, leased to, or are listed in the name of or commonly used by such person. (2) Each order by the Competent Authority authorising or approving the interception of any wire, electronic or oral communication under this section shall specify- (a) the identity of the person, if known, whose communications arc to be intercepted; (b) the nature and location of the communication facilities as to which, or the place.....

Prevention of Terrorism Act, 2002 [Repealed] Section 43

Title: Interception of Communication in Emergency

State: Central

Year: 2002

.....in accordance with the provisions of sub-sections (1) and (2) of section 38 within forty-eight hours after the interception has occurred, or begins to occur. (2) In the absence of an order approving the interception made under sub-section (1), such interception shall immediately terminate when the communication sought is obtained or when the application for the order is rejected, whichever is earlier; and in the event of an application for permitting interception being rejected under sub-section (1) of section 39 or an application under sub-section (1) of this section for approval being rejected, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, elcetronic or oral communication intercepted shall be treated as having been obtained in violation of this section.

Code of Civil Procedure (Amendment) Act, 2002 Section 12

Title: Amendment of Order Xviii

State: Central

Year: 2002

.....appointed by it: Provided that the Court may, while appointing a commission under this sub-rule, consider taking into account such relevant factors as it thinks fit: (3) The Court or the Commissioner, as the case may be, shall record evidence either in writing or mechanically in the present of the Judge or of the Commissioner, as the case may be, and where such evidence is recorded by the Commissioner he shall return such evidence together with his report in writing signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the suit. (4) The Commissioner may record such remarks as it thinks material respecting the demean our of any witness while under examination: Provided that any objection raised during the recording of evidence before the Commissioner shall be recorded by him and decided by the Court at the stage of arguments. (5) The report of the Commissioner shall be submitted to the Court appointing the commission within sixty days from the date of issue of the commission unless the Court for reasons to be recorded in writing extends the time. (6) The High Court or the District Judge, as the case may be,.....

Prevention of Terrorism Act, 2002 [Repealed] Section 45

Title: Admissibility of Evidence Collected Through the Interception of Communications

State: Central

Year: 2002

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 oral communication under this Chapter 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 pursuant to this Chapter 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, and accompanying application, under which the interception was authorised or approved 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 the above information ten days before the trial, hearing or proceeding and that the accused will not be prejudiced by the delay in receiving such information.

Prevention of Terrorism Act, 2002 [Repealed] Complete Act

Title: Prevention of Terrorism Act, 2002 [Repealed]

State: Central

Year: 2002

.....- Short title extent, application, commencement, duration and savings Section2 - Definitions Chapter II Section3 - Punishment of terrorist acts Section4 - Possession of certain unauthorized arms, etc. Section5 - Enhanced penalties Section6 - Holding of proceeds of terrorism illegal Section7 - Powers of investigating officers and appeal against order of Designated Authority Section8 - Forfeiture of proceeds of terrorism Section9 - Issue of show cause notice before forfeiture of proceeds of terrorism Section10 - Appeal Section11 - Order of forfeiture not to interfere with other punishments Section12 - Claims by third party Section13 - Powers of Designated Authority Section14 - Obligation to furnish information Section15 - Certain transfers to be null and void Section16 - Forfeiture of property of certain persons Section17 - Company to transfer shares to Government Chapter III Section18 - Declaration of an organization as a terrorist organization Section19 - Denotification of a terrorist organization Section20 - Offence relating to membership of a terrorist organization Section21 - Offence relating to support given to a terrorist organization Section22 -.....