SAARC CONVENTION
(SUPPRESSION OF TERRORISM) ACT, 1993
Preamble 1 - SAARC CONVENTION
(SUPPRESSION OF TERRORISM) ACT, 1993
THE SAARC CONVENTION (SUPPRESSION OF
TERRORISM) ACT, 1993
[Act, No. 36 of 1993]
[29th April, 1993]
PREAMBLE
An Act to give effect to the South Asian
Association for Regional Cooperation Convention on Suppression of Terrorism and
for matters connected therewith or incidental thereto
Whereas a Convention on the Suppression of
Terrorism was signed on behalf of the Government of India at Kathmandu on
the 4th day of November, 1987;
And Whereas India having ratified the said
Convention, should make provisions for giving effect thereto and for
matters connected therewith or incidental thereto;
Be it enacted by Parliament in the Forty-fourth
Year of the Republic of India as follows:--
Section 1 - Short titles, 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, 1987as 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 Arts. 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 Art. 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 Art. 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 Art. I of the Convention may be enquired 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 down 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.
Schedule 1 - THE SCHEDULE
THE SCHEDULE
[See Section 2 (a)]
Statement of Objects and Reasons -
SAARC CONVENTION (SUPPRESSION OF TERRORISM) ACT, 1993
STATEMENT OF OBJECTS
AND REASONS
(1) A Convention on the Suppression of Terrorism was
signed at Kathmandu on 4th November, 1987, by the seven member countries of the
South Asian Association for Regional Cooperation (SAARC) and has also been
ratified by the said member countries. It came into force on 22nd August, 1988.
In order to give effect to the said Convention, it has become necessary to
enact a domestic legislation.
(2) The Bill seeks to give effect to the well
established principle that no person committing a terroristic offence should
escape punishment and for that purpose it seeks, inter alia, to,-
(a) make hostage-taking an offence and also provide
punishment therefore;
(b) identify certain serious offences as terroristic
offences;
(c) provide that an offender committing a terroristic
offence may be tried and punished in India regardless of whether the crime was committed
in India or in any member country;
(d) provide that any terroristic offence shall not be
treated as an offence of political character for the purposes of the
Extradition Act, 1962.
(3) The Bill seeks to achieve the above objects.