(1) A person commits an offence if- Offence relating to support &en to a terrorist
(a) he invites support for a terrorist organisation, and - (b) the support i9 not, or is not restricted to, the provision of
(a) to support a terrorist organisation, , \ 18 THE GAZETTE OF INDIA EXTRAORDINARY , [PART II- I
(3) A person commits an offence if he addresses a meeting for the purpose of encouraging support for a terrorist organisation or to hrther its activities .
(4) A person guilty of an offence under this section shall be lia6le on conviction, to imprisonment for a term not exceeding ten years or with fine or with both.
i li:xp/atlafiotl.- For the purposes for this section, the expression I 1 1 1 !'meetingm means a meeting of three or more persons whether or not the I ( ;
public are admitted.
I 1 Fund raising for 22. (1) A person commits gn offence if he- I 1 / , a terrorist organisation to be an offence.
(a) invites another to provide money or other property, anc!
1 1 (b) intends that it should be.used, or has reasonable cause to 1 1 \/I' suspect that it may be used, for the purposes of terrorism.
(2) A person commits an offence if he-
(a) receives money or other property, and
(b) intends that it should be used , or has reasonable cause to suspect that-it may be used, for the purposes of terrorism.
(3) A person commits an offence if he-
(a) provides money or other property, and
(b) knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
(4) In this section, a reference to the provision of money or other property is a reference to its being given, lent or otherwise mad;
available, whether or not for consideration.
.iCtion, to imprisonment for a term not exceeding fourteen years. or with fine or with both.
CHAPTER I V SPECIAL COURTS -
23. ( I ) The Central Government or a State Government may, by S~ccial Coufis.
notification in the Oficial Gazette, constitute one or more Special Courts for such area cr areas, or for such case or class or group of cases, as may be specified in the notification.
(2) Where a notification constituting a Special Court for any area or areas or for any case or class or group of cases is issued by the Central Government under sub-sect'ion (I), and a notification constituting a Special Court for the same area or. areas or for the same case or class or group of cases has also been issued by the State Government under that sub-section, the Special Court constituted by the Central Government, whether the notification constituting such Court is issued before or afier the issue of the notification constituting the Special Court by the State Government shall not have, jurisdiction to try any offence committed in that area or areas or, as the case may be, the case or class or group of cases and all cases pending before any Special 'r Court constituted by the State Government shall stand transferred to the Special Court constituted by the Central Government.
( 3 ) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the Central Government whose decision in the matter shall be final.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-
(4) A Special Court shall be presided over by a judge to be 'i appointed by the Central Government or, as the case may be, the State Government, with the concurrence of the Chief Justice of the High
(5) The Central Government or, as the case may be, the State Government may also appoint, with the concurrence of the Chief Justice of the High Court, additional judges to exercise jurisdiction of a Special Court.
(6) A person shall not be qualified for appointment as a judge or an additional judge of a Special Court unless he is, immediately before such appointment, a sessions,judge or an additional sessions judge in any State.
(7) For the removal of doubts, it is hereby provided that. the attainment, by a person appointed as a judge or an additiohl judge of a Special Court, df the age of superannuation under the rules applicable to him in the service to which he belongs, shall not affect his continuance as such judge or additional judgc.
(8) Where any additional judge or additional judges is or ari:
/ appointed in a Special Court, the judge of the Special Court may, from time to time, by general or special order, in writing, provide for the distribution of business of the Special Court among all judges itlcluclitlg himself and the additional judge or additional judges and also for the disposal of urgent business in the event of his absen~e or the absence of any additional judge.
Place of sitting. 24. A Special Court may, on its own motion, or on an application.
made by the Public Prosecutor and if it considers it exgdient or ' SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 21 desirable so to do, sit for any of its proceedings at any place, other than 5 its ordinary place.of sitting.:
'provided that nothing in this section shall be construed to change the place of sitting of a Special Court constituted by a State Government to any place outside that State.
25. (I) Notwithstanding anything contained in the Code, every Jurisdictionof offence punishable under any provision of this Ordinance shall be Special-Courts.
triable only by the Special Court within whose local jurisdiction it was committed or,. as the case may be, by the Special Court constituted for trying such offence under section 23.
(2) If, having regard to the exigencies of the situation prevailing in a State,--
(i) it is not possible to have a fair, impartial or speedy trial; or
(ii) it is not feasible to have the trial without occasioning the breach of peace or grave risk to the safety of the accused, the * witnesses, the Public Prosecutor and a judge of the Special Court or any of them; or
(iii) it is not otherwise in the interests ofjustice, the Supreme Court may transfer any case pending before a Special P Court to any other Special C o w within that State or in any other State ' and the High Court may transfer dny case pending before a Special 1 Court situated in that State to any other Special Court within the State.
(3) The Supreme Court or the Highcourt, as the case may be, may act under this section either on the application of the Central ' Government or a party interested and any such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India, be supported by an affidavit or affirmation.
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- Power of Special 26. (1) When trying any offence, a Special Court may also try any Courts with other offence with which the accused may, under the code, be charged respect to other at the same trial if the offence is connected with such other offence.
offences.
(2) If, in the course of any trial under this Ordinance of any offence, it is found that the accused person has committed any other offence under this 0,rdinance or under any other law, the Special Court may convict such person of such other offence and pass any sentence or award punishment authorized by this ordinance or such rule or, as the case may be, under such other law.
-Power to direct 27. (1) When a police officer investigating a case requests the Court f0r6amp1es9 etcc. :of a Chief Judicial Magistrate o i the Court of a Chief Metropolitan Magistrate in writing for obtaining samples of hand writing, finger prints, foot prints, photographs, blood, saliva, semen, hair, voice of any accused person, reasonably suspected to be involved in the commission of an offence under this Ordinance, it shall be l a h l for the Court of a Chief Judicial .Magistrate or the Court of a Chief Metropolitan Magistrate to direct that such samples be given by the accused person to the officer either through a medical practitioner or otherwise, as the case may be.
(2) If any accused person' refbses to give samples as provided in subsection (I), the court shall draw adverse inference against the accused.
.) Public 28: (1) For every Special Court,'the Central Government or, as the Prosecutors. case may be, the State Government, shall'appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors:
THE GAZETTE OF INDIA EX'TRAORDINARY 25 \
Provided that the Central Government or, as the case may be, the State Government, may also appoint for any case or class or group of 4 cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law.
I (3) Every person appointed as a Public Prosecutor or an Additional b Public Prosecutor or a Special Public Prosecutor under this sectiop shall be deemed $0 be a Public Prosecutor within the meaning of clause
(u) of section 2 of the Code, arid the provisions of the Code shall have effect accordingly.
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