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Section 41

The Prevention of Terrorism Ordinance, 2001Ordinance · 2001

(1) An interception under this Chapter may be conducted in whole Authority competent to carry or in part by a public servant, acting under the supervision of the out intermt ion.

investigating officer authorized to conduct the interception.

-.

THE GAZE'ITE OF INDIA EX~TRAORDINARY / (2 ) Whenever an order authorizing an interception is issued pursuant to this section, the order may require reports to be made to the Competent Authority who issued the order showing that progress has been made towards achievement of the authorized objective and the need for continued interception and such report shall be made at such intervals as the Competent Authority may reqbire. :

Interntion of 42. (1 ) Notwithstanding anything contained in any other provision of communication this section, an officer not below the rank of Additional Director in emergency.

General of Police or a police officer of equivalent rank who reasonably determines that- ( i ) immediate danger of death or serious physical injury to ( i i ) conspiratorial activities threatening the security or interest of the State; or ( i i i ) conspiratorial activities, characteristic of a terrorist act, - that~requires a wire, electronic or oral communication to be intercepted before an order from the Competent Authority authorizing such interception can, with due diligence, be this section to authorize such interception, 6 may authorize, in writing, the investigating officer to intercept such \ wire, electronic or oral communication, if an application for an order approving the interception is made in accordance with the provisions of sub-sections (1) and ( 2 ) of section 37 within forty-eight hours after the interception gas occurred, or begins to occur.

SIX. 11 THE GAZETTE OF INDIA EXTRAORDINARY 35

(2) In the absence of an order approving the interception made under sub-section ( I ) , such interception shall immediately terminate when the communication sought is obtained or when the application for the order is rejected, whichever is earlier; rind in the event of an application for permitting interception being rejected under sub-section (I) of section 38 or an application under sub-section (I) of section 42 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, electronic or oral communication intercepted shall be treated as having been obtained in violation of this section.

Where this provision sits

ActThe Prevention of Terrorism Ordinance, 2001
Section41
StatusIn force as published by the source

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