49. Modified application of certain provisions of the Code.
(1) Notwithstanding anything contained in the Code or any other law, every offence punishable under
this Act shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of
the Code, and "cognizable case" as defined in that clause shall be construed accordingly.
(2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this
Act subject to the modification that in sub-section (2),—
(a) the references to "fifteen 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) after the proviso, the following provisos shall be inserted, namely:—
"Provided further 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 and 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 Act, requests, for the
purposes of investigation, for police custody from judicial custody of any person from 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.".
(3) Section 268 of the Code shall apply in relation to a case involving an offence punishable under this
Act subject to the modification that—
(a) the reference in sub-section (1) thereof—
(i) to "the State Government" shall be construed as a reference to "the Central Government or the
State Government",
(ii) to "order of the State Government" shall be construed as a reference to "order of the Central
Government or the State Government, as the case may be"; and
(b) the reference in sub-section (2) thereof, to "the State Government" shall be construed as a
reference to "the Central 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 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 Court".
(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 offence punishable under this Act.
(6) Notwithstanding anything contained in the Code, no person accused of an offence punishable
under this Act shall, if in custody, be released on bail or on his own bond unless the Court gives the
Public Prosecutor an opportunity of being heard.
(7) Where the Public Prosecutor opposes the application of the accused to release on bail, no person
accused of an offence punishable under this Act 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 period of one year from the date of detention of the accused for an
offence under this Act, the 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 under 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 (8), no bail shall be granted to a
person accused of an offence punishable under this Act, if he is not an Indian citizen and has entered
the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be
recorded in writing.
50. Cognizance of offences.
No court shall take cognizance of any offence under this Act without the previous sanction of the
Central Government or, as the case may be, the State Government.
51. Officers competent to investigate offences under this Act.
Notwithstanding anything contained in the Code, no police officer,—
(a) in the case of the Delhi Special Police Establishment, 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, below the rank of an
Assistant Commissioner of Police;
(c) in any other case not relatable to clause (a) or clause (b), below the rank of a Deputy
Superintendent of Police or a police officer of an equivalent rank,
shall investigate any offence punishable under this Act.
52. Arrest.
(1) Where a police officer arrests a person, he shall prepare a custody memo of the person arrested.
(2) The person arrested shall be informed of his right to consult a legal practitioner as soon as he is
brought to the police 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 or 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 practitioner representing him during the
course of interrogation of the accused person:
Provided that nothing in this sub-section shall entitle the legal practitioner to remain present
throughout the period of interrogation.
53. Presumption as to offences under section 3.
(1) In a prosecution for an offence under sub-section (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.
54. Bar of jurisdiction of courts, etc.
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 Act.
55. Saving.
(1) Nothing in this Act 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 (1), a Special Court shall be deemed to be a court of ordinary criminal justice.
56. Overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained
in any enactment other than this Act or in any instrument having effect by virtue of any enactment
other than this Act.
57. Protection of action taken in good faith.
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 Act, for anything which is in good faith
done or purported to be done in pursuance of this Act:
Provided 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.
58. Punishment and compensation for malicious action.
(1) Any police officer who exercises powers corruptly or maliciously, knowing that there are no
reasonable grounds for proceeding under this Act, shall be punishable with imprisonment which may
extend to two years, or with fine, or with both.
(2) If the Special Court is of the opinion that any person has been corruptly or maliciously proceeded
against under this Act, the Court may award such compensation as it deems fit to the person, so
proceeded against and it shall be paid by the officer, person, authority or Government, as may be
specified in the order.
59. Impounding passport and arms licence of person chargesheeted under the Act.
Notwithstanding anything contained in any other law for the time being in force, the passport and the
arms licence of a person, who is charge-sheeted for having committed any offence under this Act,
shall be deemed to have been impounded for such period as the Special Court may deem fit.
60. Review Committees.
(1) The Central Government and each State Government shall, whenever necessary, constitute one or
more Review Committees for the purposes of this Act.
(2) Every such Committee shall consist of a Chairperson and such other members not exceeding three
and possessing such qualifications as may be prescribed.
(3) A Chairperson of the Committee shall be a person who is, or has been, a Judge of a High Court,
who shall be appointed by the Central Government, or as the case may be, the State Government, so
however, that the concurrence of the Chief Justice of the High Court shall be obtained in the case of a
sitting Judge:
Provided that in the case of a Union territory, the appointment of a person who is a Judge of the High
Court of a State shall be made as a Chairperson with the concurrence of the Chief Justice of the
concerned High Court.
61. Power of High Courts to make rules.
The High Court may, by notification in the Official Gazette, make such rules, if any, as they may deem
necessary for carrying out the provisions of this Act relating to Special Courts within their territories.
62. Power to make rules.
(1) Without prejudice to the powers of the High Courts to make rules under section 61, the Central
Government may, by notification in the Official Gazette, make rules for carrying out the provisions of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:—
(a) regulating the conduct of persons in respect of areas the control of which is considered necessary
or expedient and the removal of such persons from such areas;
(b) the entry into, and search of—
(i) any vehicle, vessel or aircraft; or
(ii) any place, whatsoever,
Reasonably suspected of being used for committing the offences referred to in section 3 or section 4
or for manufacturing or storing anything for the commission of any such offence;
(c) conferring powers upon—
(i) the Central Government;
(ii) a State Government;
(iii) an Administrator of a Union territory under article 239 of the Constitution;
(iv) an officer of the Central Government not lower in rank than that of a Joint Secretary; or
(v) an officer of a State Government not lower in rank than that of a District Magistrate,
to make general or special orders to prevent or deal with terrorist acts;
(d) the arrest and trial of persons contravening any of the rules or any order made thereunder;
(e) the punishment of any person who contravenes or attempts to contravene or abets or attempts to
abet the contravention of any rule or order made thereunder with imprisonment for a term which may
extend to one year or fine or both;
(f) providing for the seizure and detention of any property in respect of which such contravention,
attempt or abetment as is referred to in clause (e) has been committed and for the adjudication of such
seizure and detention, whether by any court or by any other authority;
(g) determination of the price of the forfeited property under sub-section (2) of section 10;
(h) the procedure of making application under sub-section (3) of section 19; and
(i) the qualifications of the members of the Review Committee under sub-section (2) of section 60.
63. Orders and rules to be laid before Houses of Parliament.
Every order and every rule made by the Central Government under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the order or rule or both Houses agree
that the order or rule should not be made, the order or rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that order or
rule.
64. Repeal and saving.
(1) The Prevention of Terrorism (Second) Ordinance, 2001 is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under the corresponding provisions of this
Act.