(1) In a prosecution for an offence under subsection (1) of section 3, if it is proved -
(a) that the arms or explosives or any other substances specified in section 4 were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature, were used in the commission of such offence; or
(b) that the finger-prints of the accused were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the Special Court shall draw adverse inference against the accused.
(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 suspected of, an offence under that section, the Special Court shall draw adverse inference against the accused.
Presumption as lo offences under section 3.
Bar of jurisdiction of courts, etc.
54. No civil court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sections 19 and 40 of the Ordinance.
SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 47 Saving. 55. (/) Nothing in this Ordinance shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the naval, military or air forces or other armed forces of the Union.
(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 (/), a Special Court shall be deemed to be a court of ordinary criminal justice.
Overriding effect.
56. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Ordinance or in any instrument having effect by virtue of any enactment other than this Ordinance.
Protection of action taken in good faith.
57. No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer or authority of the Central Government or State Government or any other authority on whom powers have been conferred under this Ordinance, for anything which is in good faith done or purported to be done in pursuance of this Ordinance:
Provided that no suit, prosecution or other legal proceedings shall lie against any serving member or retired member of the armed forces or other paramilitary 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 combatinc terrorism.