act 036 of 1993 : SAARC Convention (Suppression of Terrorism) Act, 1993

Section 1.Short title, extent and application.

(1) This Act may be called the SAARC Convention (Suppression of Terrorism) Act, 1993.

(2) It extends to the whole of India and, subject to the provisions of section 6, it applies also to any offence under this Act committed outside India by any person.

Section 2.Definitions.

In this Act, unless the context otherwise requires,--

(a) "Convention" means the South Asian Association for Regional Cooperation Convention on Suppression of Terrorism signed at Kathmandu on the 4th day of November, 1987 as set out in the Schedule;

(b) "Convention country" means a country in which the Convention is for the time being in force.

Section 3.Application of the Convention.

Notwithstanding anything to the contrary contained in any other law, the provisions of Articles I to VIII of the Convention shall have the force of law in India.

Section 4.Hostage-taking.

(1) Whoever, by force or threat of force or by any other form of intimation, seizes or detains any person and threatens to kill or injure that person with intent to cause a Convention country to do or abstain from doing any act as the means of avoiding the execution of such threat, commits the offence of hostage-taking.

(2) Whoever commits the offence of hostage-taking shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 5.Provisions as to Extradition Act.

For the purposes of the Extradition Act, 1962 (34 of 1962), in relation to a Convention country, an offence under sub-section (1) of section 4 or any other offence specified in Article I of the Convention, shall not be considered to be an offence of a political character.

Section 6.Offences committed outside India.

(1) When an offence under sub-section (1) of section 4 or any other offence specified in Article I of the Convention is committed outside India,--

(a) by a citizen of India, whether on the high seas or elsewhere;

(b) by a person, not being such citizen, on any ship or aircraft, registered in India; or

(c) by a person, not being such citizen, in a Convention country, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, by general or special order published in the Official Gazette, direct that the offence under sub-section (1) of section 4 or any other offence specified in Article I of the Convention may be inquired into or tried at any place within India.

Section 7.Previous sanction necessary for prosecution.

No prosecution for an offence under this Act shall be instituted except with the previous sanction of the Central Government and the sanction granted under this section shall be deemed to be a sanction granted under section 188 of the Code of Criminal Procedure, 1973 ( 2 of 1974).

Section 8.Protection of action taken in good faith.

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.

(2) No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.