(1) Notwithstanding anything contained in the Code or any other ~ o d i f k f law, every offence punishable under this Ordinance shall tie deemed to application of certain be a cognizable offence within the meaning of clause (c) of section 2 of provisions of the the Code, and "cognizable case" as defined in that clause shall be Cde. E construed accordingly. 'I.
(2) Section 167 o f the Code shall apply in relation to a case involvhlg ark cjffence punisl~able urider this Ordinance subject to the '' r;!odi%;cg ;icil: al;zn i;: ciib--ser,%ic?g ('2' , )>- 40 THE GAZMTE OF INDIA EXTRA0RDIN;ILRY [PART II- \ ( a ) the references to "meen days", "ninety days" and "sixty days", wherever they- occur, shall be construed as references to "thirty days", "ninety days" and "ninety days", respectively; and
(b) afier the proviso, the following provisos shall be inserted, namely : -- t "Provided hrther that if it is not possible to complete the investigation within the said period of ninety days, the Special Court shall extend the said period up to one hundred add eighty days, on the, report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days:
Provided also that if the police officer making the ' investigation under this Ordinance, requests, for the purposes 4 of investigation, for police custody fiom judicial custody of any person fiom judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody.". , r
(3) Section 268 of the Code shall apply in relation to a case involving an offence punishable under this Ordinance subject to the modification that- 4 (a) the reference in sub-section (g) thereof- > ( i ) to "the State Government" shall be construed as a reference to "the -Central Government or the State Government", ( i i ) to "order of the State Government" shall be / SEX. 11 , THE GAZETTE OF INDIA EXTRAORDINARY 4 1 I construed - as ' a reference to "order of -the Central . .
Government or the State Government, as the case may bevi ;
and ' ,
(b) the reference in sub-section (2) thereof, to "State I Government" shall be construed as a reference to "Cential Government or the State Government, as the case may be".
(4) sections.366, 367 and 371 of the Code shall apply in relation to a I case involving an offence triable by a Special Court subject to the modification that the reference to "Court of Session", wherever occurring therein, shall be construed as the reference to "Special couI-tvl.
(5) Nothing in section 438 of the Code shall apply in relation to any * case involving the arrest of any person accused of having committed an osence punishable under this Ordinance.
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(6) Notwithstanding anything contained in the Code, no person . , 1 accused of an offence punishable under this Ordinance shall; if in < .
custody, be released on bail or on his own bond unless the Court gives F- the Public Prosecutor an opportunity of being heard.
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(7) Where the Public Prosecutor opposes' the application of the I I . Y accused to release on bail, no person accused of an offence punishable under this Ordinance or any rule made thereunder shall be released on bail until the court is satisfied that there are grounds for believing that he is not guilty of committing such offence: ,
Provided that after the expiry of a pekod of one year from the date of detention of the accused for an offence under this Ordinapce, the , I 42 TKE GAZETTE OF INDIA EXTRAORDINARY - [PART II- provisions of sub-section (6) of this section shall apply.
(8) The restrictions on granting of bail specified in sub-sections- (6) and (7) are in addition to the restrictions upder the Code or any other law for the time being in force on granting of bail.
(9) Notwithstanding anything contained in sub-sections (6), (7) and (a), no bail shal1,be granted to a person accused of an offence I punishable under this Ordinance, if he is not an Indian citizedand has t entered the country unauthorisedly or illegally except in very I exceptional circumstances and for reasons to be recorded in writing: I kII I Cognizance of 49. No Court shall take cognizance of any offence under this I offences. Ordinance without the previous sanction of the Central Government or I as the case may be, the State Government. I Officers 50. Notwithstanding anything contained in the Code, no police "'"pecen'to Oficer,- investigate
(a) in the case of the Delhi Special Police Establishment, not offences under this Ordinance. - below the rank of a Deputy Superintendent of Police or a police officer of equivalent ,- rank;
(b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan area notified as such under sub-section (1) of section 8 of the Code, not below the rank of ' an Assistant, Comrmissioner of Police;
(c) in any other case not relatable. to clause (a) or clause (b), , SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 43 1 51. (1) Where a police officer arrests a person, he shall prepare a Arrest.
custody memo of the person arrested.
8 - , (2) The person arrested shall be informed of his right to consult a 1 legal practitioner as soon as he is brought to the poqlice station.
(3) Whenever any person is arrested, information of his arrest shall be immediately communicated by the police officer to a family member or in his absence to a relative of such person by telegram, telephone oi; by any other means and this fact shall be recorded by the police officer under the signature of the person arrested.
(4) The person arrested shall be permitted to meet the legal 1 practitioner representing him during the course of interrogation of the 1 J accused person:
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Provided that nothing in this sub-section shall entitle the legal practitioner to remain present throughout the period of interrogation.
'section 3, if it is proved - to offences under . .
5 44 THE GAZETTE OF INDIA EXTRAORDINARY . [PART 11- I
(2) In a prosecution for an offence under sub-section (3) of section 3, if it is proved that the'accused rendered any financial assistance to a person, having knowledge that such person is accused of, or reasonably Bar of suspected of, an offence und-er that section,the Special Court . shall I draw adverse inference against the accused.
53. No civil court or other authority shall have or, .be entitled to, jurisdiction of ,exercise any jurisdiction, powers or authority in~relation to the matters courts, etc.
referred to in section 19 and section 39 of the Ordinance. ' I Saving. 54. (1) Nothing in this Ordinance shall affect the jurisdiction \k exercisable by, or'the procedure applicable to,. any court or other I authority under any law relating to the naval, military or air forces or other armed forces of the Union.
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(2) For the removal of doubts, it is-hereby declared that for the purposes of any such law as is referred to in sub-section (I), a Special Court shall be deemed to be a court of ordinary criminal justice.
Overriding 55. The provisions of this Ordinance shall have effect 1 1 effect.
, notwithstanding anything inconsistent therewith contained in any enactment other than this ordinance or in any instrument having effect P ", by virtue of any enactment other than this Ordinance.
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'I I f Protection of 56. No suit, prosecution or other legd pioceeding shall lie against 1 fakenin the Central G,ovemment or a State Government or 'any officer or "4 fn;*h '1 6- LOIUL.
authofity of the Central Government or State Government or any other authority on whom powers have been-conferred under this Ordinance, We for anything which is in good faith done or purported to be done in pursuance of this Ordinance:
SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY ' 45
Provided hrther that no suit, prosecution or other legal proceedings shall lie against any serving member or retired member of the armed , forces or other para-military forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism.