The Anti-terrorism Act_ 1997.Doc

8/10/2019 The Anti-terrorism Act_ 1997.Doc

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THE ANTI-TERRORISM ACT, 1997(XXVII OF 1997)

CONTENTS

1. Short title an !o""en!e"ent

2. #e$inition%3. &''''''''''''''''4. Callin in o$ ar"e $or!e% an !i*il ar"e $or!e% in ai o$ !i*il +o er%5. %e o$ ar"e $or!e% an !i*il ar"e $or!e% to +re*ent terrori%" 6. Terrori%"7. ./ni%h"ent $or a!t% o$ terrori%"7A0 &'''''''''''''''7 0 &'''''''''''''''8. .rohi2ition o$ a!t% inten e or li3el4 to %tir /+ %e!tarian hatre9. ./ni%h"ent $or o$$en!e /n er %e!tion 510. .o er to enter or %ear!h

11. .o er to or er $or$eit/re11-A0 Or ani6ation% !on!erne in terrori%"11- 0 .re%!ri+tion11-C0 Ri ht o$ Re*ie11CC0 .ro%!ri+tion Re*ie Co""ittee11-#0 O2%er*ation Or er11-E0 Mea%/re% to 2e ta3en a ain%t a +ro%!ri2e or ani6ation11EE0 Se!/rit4 $or oo 2eha*ior11-EEE0 .o er to arre%t an etain %/%+e!te +er%on%11-EEEE0 .re*enti*e etention $or in7/ir411-F0 Me"2er%hi+, %/++ort an "eetin % relatin to a .ro%!ri2e Or ani6ation

11-80 ni$or"11-H0 F/n rai%in11-I0 %e an +o%%e%%ion11- 0 F/n in Arran e"ent%11-:0 Mone4-la/n erin11-;0 #i%!lo%/re o$ In$or"ation11-M0 Coo+eration ith .oli!e11-N0 ./ni%h"ent /n er Se!tion% 11-H to 11-:11-O0 Sei6/re an etention11OO0 A!!e%% to %er*i!e%, "one4 or other +ro+ert411-.0 A++li!ation 24 a/thori6e o$$i!er to a Co/rt

11-


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1- 0 Terrori%t in*e%ti ation1-C Trainin1-#0 ail1-E0 Re"an

C1EE .o,er to !all in$or"ation et!1-F0 Re"i%%ion%1-80 Trial o$ o$$en!e%1-H0 Con itional a "i%%i2ilit4 o$ Con$e%%ion1-I0 Ai an a2et"ent1- Har2o/rin1-:0 O$$en!e% tria2le 24 a4 o$ %/""ar4 +ro!e /re1-; ./ni%h"ent $or an A2%!on er1-M0 oint Trial

22. Manner an .la!e o$ E'e!/tion o$ Senten!e23. .o er to tran%$er !a%e% to re /lar Co/rt%24. &''''''''''''''' 025. A++eal26. &'''''''''' 27. ./ni%h"ent $or e$e!ti*e in*e%ti ation

7A .re%/"+tion o$ +roo$ a ain%t a!!/%e7AA0 ./ni%h"ent $or $al%e i"+li!ation7 0 Con*i!tion on the 2a%i% o$ ele!troni! or $oren%i! e*i en!e et!

28. Tran%$er o$ !a%e%5-A0 DDDDD

29. Trial 2e$ore 1 &Anti-Terrori%" Co/rt to ha*e +re!e en!e30. Mo i$ie a++li!ation o$ !ertain +ro*i%ion% o$ the Co e31. Finalit4 o$ >/ "ent32. O*erri in e$$e!t o$ A!t33. #ele ation34. .o er to a"en the 1 9&Fir%t, %e!on an Thir S!he /le35. .o er to "a3e r/le%36. Sa*in %37. Conte"+t o$ Co/rt38. ./ni%h"ent $or terrori%t a!t !o""itte 2e$ore thi% 2e$ore thi% A!t39. In e"nit4?9-A0 Re"o*al o$ i$$i!/ltie%?9- 0 Re+eal an %a*in %40. A"en "ent o$ the Cri"inal ;a A"en "ent A!t, 19 5 (XIV o$ 19 5)

SCHE# ;ES1. FIRST SCHE# ;E2. SECON# SCHE# ;E3. THIR# SCHE# ;E4. FO RTH SCHE# ;E5. FIFTH SCHE# ;E


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TEXT

THE ANTI-TERRORISM ACT, 1997(XXVII OF 1997)

[20 th August, 1997]

AnA!t

to provide for the prevention of terrorism, sectarian violence and for speedy trial of heinousoffences and for matters connected therewith and incidental thereto

=herea% it is expedient to provide for the prevention of terrorism, sectarian violence andfor speedy trial of heinous offences and for matters connected therewith and incidental thereto:

It is hereby enacted as follows:

10 Short title an !o""en!e"ent0 (1) This Act may be called the Anti-terrorism Act,1 !"

(#) It extends to the whole of $a%istan"(&) It shall come into force at once"

0 #e$inition%0 In this Act, unless there is anythin' repu'nant in the sub ect or context

(a) *Armed forces+ means the ilitary, aval and Air .orces of $a%istan and the/eserves of such .orces

(b) *0ivil armed forces+ means .rontier 0onstabulary, .rontier 0orps, $a%istan 0oastuards, $a%istan /an'ers or any other civil armed force notified by the .ederalovernment as such

(c) *0ode+ means the 0ode of 0riminal $rocedure, 12 2 (Act 3 of 12 2 )14(d) *0hild+ means a person who at the time of the commission of the offence has not

attained the a'e of ei'hteen years

(e) *court+ means an Anti-terrorism 0ourt established under section 1&:

(f) *explosives+ means any bomb, 'renade, dynamite, or explosive, substance capableof causin' any in ury to any person or dama'e to any property an includes anyexplosive substances as defined in the 5xplosives Act, 1226(I3 of 1226)

(') *fire-arms+ means any or all types and 'au'es of hand'uns, rifles and shot'uns, whether automatic, semi-automatic or bolt action, and shall include all other fire-arms as defined in the Arms 7rdinance 1 89 ( "$" 7rdinance ;; of 1 89)

(h) *fine+ means a pecuniary amount to be determined by the 0ourt havin' re'ard to thefacts and circumstances of the cases

#4(ha) *freei'h 0ourt havin' territorial urisdiction in respect of thearea for which an Anti Terrorism court has been established

(l) *hi ac%in'+ means any unlawful sei


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(n) *%idnappin' for ransom+ mean the action of conveyin' any person from any place, without his consent, or by force compellin' or by any deceitful means inducin' him,to 'o from any place, and unlawfully detainin' him any demandin' or attemptin' todemand, money, pecuniary or other benefit from him or from another person, as acondition of his release

(o) *meetin'+ means a meetin' of two or more persons, whether in public or private&4(oa) *money+ includes coins or notes in any currency, postal orders, money

orders, ban% credits, ban% accounts, letter of credit, travelers che ues, ban%che ues, ban%ers draft, in any form, electronic, di'ital or otherwise and suchother %inds of monetary instruments or documents as the .ederal

overnment may be order specify =

(p) *7r'ani


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documents or instruments in any form" hether written, electronic or di'ital,and shares, securities, bonds, drafts and letters of credit =

(c) 1&4BBB=

(bb) In sub-section (i) above"-

(a) a reference to proceeds of an act, includes reference to any property which

wholly or partly, and directly or indirectly, represents the proceeds of the act(includin' payments of other rewards in connection with the commission)4and=

(b) The reference to an or'anii'h 0ourta'ainst such order"

(6C) If an order of ac uittal is passed by an Anti-Terrorism 0ourt in any case institutedupon complaint and the >i'h 0ourt, on an application made to it by the complainant in this behalf,'rants special leave to appeal from the order of ac uittal, the complainant may within thirty dayspresent such an appeal to the >i'h 0ourt"=

0 %e o$ ar"e $or!e% an !i*il ar"e $or!e% to +re*ent terrori%"0 (1) Any policeofficer, or member of the armed forces, or civil armed forces, who is present or deployed in anyarea may, after 'ivin' sufficient warnin', use the necessary force to prevent the commission ofterrorist acts or scheduled offences, and in so doin' shall, in the case of an officer of the armedforces or civil armed forces, exercise all the powers of a police officer under the 0ode"

13 7mitted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1 "@&"#@1&14 ?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1 "@&"#@1&15 ?ection & omitted by Amendment 7rd" ;;;I; of #@@1 dated 16-@2-#@@1"


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(#) In particular and without pre udice to 'enerality of the provisions of subsection (1),an officer of the police, armed forces and civil armed forces may:--

(i) After 'ivin' prior warnin' use such force as may be deemed necessary orappropriate, bearin' in mind all the facts and circumstances of the situation, a'ainstany person who is committin', 184xxxxxxxxxx= a terrorist act or a scheduled offence,1! 4it shall be lawful for any such officer, or any senior officer, 12 4after formin'

reasonable apprehension that death or 'rievous hurt may be caused by such act= tofire, or order the firin' upon= any person or persons a'ainst whom he is authori


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(d) Involves the doin' of anythin' that is li%ely to cause death or endan'ers a personDslife

(e) Involves %idnappin' for ransom, hosta'e-ta%in' or hi ac%in'#9 4(ee) Involves use of explosives by any device includin' bomb blast=" #84or havin' any

explosive substance without any law ful ustification or havin' been unlawfullyconcerned with such explosive =

(f) Incites hatred and contempt on reli'ious, sectarian or ethnic basis to stir up violenceor cause internal disturbance

#! 4(') involves ta %in' the Haw i n own hand , award of any punishment by anor'ani


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(b) &&4an individual= who is or has been, whether before or after the comin' into force ofthis Act, concerned in the commission, preparation, &64facilitation, fundin'= orinsti'ation of acts of terrorism, shall also be included in the meanin' 'iven in 0lause(a) above"

? &70 ./ni%h"ent $or a!t% o$ terrori%"0 ?@4(1)= whoever commits an act of terrorism under?ection 8, whereby

(a) death of any person is caused, shall be punishable, on conviction, with death or withimprisonment for life, and with fine or

(b) he does anythin' li%e to cause death or endan'ers life, but death or hurt is notcaused, shall be punishable, on conviction, with imprisonment of either descriptionfor a term which shall be not less than &!4ten years= but may extend to&24imprisonment for life= and with fine:

(c) 'rievous bodily harm or in ury is caused to any person, shall be punishable, onconviction, with imprisonment of either description for a term which shall not be lessthan & 4ten years= but may extend to imprisonment for life and shall also be liable toa fine or

(d) 'rievous dama'e to property is caused, shall be punishable on conviction, withimprisonment, of either description for a term not less than ten years 6@4but mayextend to imprisonment for life= and shall also be liable to a fine: or

(e) the offence of %idnappin' for ransom or hosta'e-ta%in' has been committed, shallbe punishable, on conviction, with death or imprisonment for life 614BBB= or

(f) the offence of hi ac%in', has been committed, shall be punishable, on conviction, with death or imprisonment for life, 6#4BBB= and fine

6&(ff) the act of terrorism committed falls under section 8 (#) (ee), shall be punishable withimprisonment which shall not be less than fourteen years but may extend to

imprisonment for life"(') the act of terrorism committed falls under ?ection 8(#) (f) and ('), shall be

punishable, on conviction, with imprisonment of not less than 66 4two years= and notmore than 69 4five years= and with fine or

(h) the act of terrorism committed falls under clauses (h) to (n) of sub-section (#) of?ection 8, shall be punishable, on conviction, to imprisonment of not less than 684fiveyears= 6! 4but may extend to imprisonment for life= and with fine and

(i) any other act of terrorism not fallin' under 0lauses (a) to (h) above or under anyother provision of this Act, shall be punishable, on conviction, to imprisonment of notless than 62five years and not more than 6 ten years or with fine or with both"

9@4(#) An accused convicted of an offence under this Act shall be punishable with imprisonmentof ten years of more, includin' the offences of %idnappin' for ransom and hi ac%in' shall alsobe liable to forfeiture of property"=

9147-A 4''''''''''''''' =

33 ?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1 "@&"#@1&34 Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1 "@&"#@1&35 ?ection ! substituted by 7rdinance o" ;;;I; of #@@1 dated 19"@2"#@@1"36

Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&37 .or the words *.ive years+ the words *en years+ substituted by Act II of #@@9 dated 11"@1"#@@9"38 ?ubstituted for the words *fourteen years+ by Act II of #@@9 dated 11"@1"#@@939 .or the words *seven years+ the words *en years+ substituted by Act II of #@@9 dated 11"@1"#@@9"40 ?ubstituted for the words *and not exceedin' fourteen years+ by Act II of #@@9 dated 11"@1"#@@9"41 7mitted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&42 7mitted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&43 Inserted by Act II of #@@9 dated 11"@1"#@@944 .or the words *six months+ the words *two years+ substituted by Act II of #@@9 dated 11"@1"#@@9"45 .or the words *three years+ the words *five years+ substituted by Act II of #@@9 dated 11"@1"#@@9"46 .or the words *7ne ear+ the words *five years+ substituted by Act II of #@@9 dated 11"@1"#@@9"47 ?ubs for the words *and not more than ten year+ by Act II of #@@9 dated 11"@1"#@@9"48 .or the word ?ix months the word *five year+ substituted by Act II of #@@9 dated 11"@1"#@@9"49 .or the word five years the word *ten year+ substituted by Act II of #@@9 dated 11"@1"#@@9"50 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&51 ?ection !A omitted by Amendment 7rdinance ;;;I; of #@@@ dated #6-@!-#@@@


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9#47- &'''''''''''''''

50 .rohi2ition o$ a!t% inten e or li3el4 to %tir /+ %e!tarian hatre 0 A person who:-

(a) uses threatenin', abusive or insultin' words or behavior or

(b) displays, publishes or distributes any written material which is threatenin', abusiveor insultin' or

(c) distributes or shows or plays a recordin' or visual ima'es or sounds which arethreatenin', abusive or insultin': or

(d) has in his possession written material or a recordin' or visual ima'es or sounds which are threatenin', abusive or insultin' with a view to their bein' displayed orpublished by himself or another, view to their bein' displayed or published byhimself or another,

?hall be 'uilty of an offence if:--

(i) he intends thereby to stir up sectarian hatred or

(ii) havin' re'ard to all the circumstances, sectarian hatred is li%ely to be stirred up

thereby"90 ./ni%h"ent $or o$$en!e /n er %e!tion 50 hoever contravenes contravenes anyprovision of section 2 shall be punished with 9&4xxx= imprisonment for a term which may extend to964five years=, 994and with fine="

1 0 .o er to enter or %ear!h0 If any officer of the police, armed forces or civil armed forcesis satisfied that there are reasonable 'rounds for suspectin' that a person has possession of

written material or a recordin' in contravention of section 2 he may enter and search the premises where it is suspected the material or recordin' is situated and ta%e possession of the same 98 4:

$rovided that the concerned officer first record in writin' his reasons for such belief andserve a copy thereof either on the person or on the premises="

110 .o er to or er $or$eit/re0 (1) 9! An 4Anti-Terrorism 0ourt= by which a person isconvicted of an offence under section shall order to be forfeited any material or recordin'referred to therein"

(#) here the person who collected the material or recordin' cannot be found oridentified the 924Anti-Terrorism 0ourt= on the application of the official sei


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(a) is owned or controlled, directly or indirectly, by a terrorist or an or'ani


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11-E0 7 Mea%/re% to 2e ta3en a ain%t a +ro%!ri2e or ani6ation0 here any or'ani


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(f) monitor and %eep surveillance over the activities of such person throu'h police orany other overnment a'ency- or any person or authority desi'nated for thepurpose"

! 4(&) here any person is a''rieved by the order of the .ederal overnment made undersub-section (1), he may, within thirty days of such order, file a review application, in writin', beforethe .ederal overnment statin' the 'rounds on which it is made and the overnment shall, after

hearin' the applicant, decide the matter on reasonable 'rounds within ninety days"=2@4(&A) A person whose review application has been refused under sub-section (&) may filean appeal to the >i'h 0ourt within thirty days of the refusal of the review application"=

(6) Any person who violates any direction or order of the .ederal 214BBBBBB= or any termsof bond referred to in sub-section (#), shall be punishable with imprisonment of either descriptionfor a term which may extend to three years, or with fine or with both"5 &11-EEE0 .o er to arre%t an etain %/%+e!te +er%on%0 (1) overnment if satisfied that

with a view to prevent any person whose name is included in the list referred to ?ection 11-55, itis necessary so to do, may, by order in writin', direct to arrest and detain, in such custody as maybe specified, such person for such period as may be specified in the order, and overnment if

satisfied that for the aforesaid reasons it is necessary so to do, may, extend from time to time theperiod of such detention for a total period not exceedin' twelve months""

(#) The provisions of Article 1@ of the 0onstitution of the Islamic /epublic of $a%istanshall mutatis mutandis apply to the arrest and detention of a person ordered under subsection (1)"

5? &11-EEEE0 .re*en ti*e etention $or in7/ir40 ----- 5B4(1) The overnment or, where theprovis ions of sec t ion 6 have been invo%ed, the a rmed forces or c iv i l a rmedforces , as the case may be , sub ect to the spec i f ic or ' enera l order of the

overnment in this re 'ard, for a period not exceedin ' three months and afterrecordin ' reasons thereof , i ssue order for the prevent ive de tention of anyperson who has been concerned in any offence under this Act relat in ' to thesecuri ty or defence of $a%istan or any part thereof, or public order relat in ' totar 'e t %il l in ' , %idnappin ' for ransom, and extort ionNbhatta, or the maintenanceof suppl ies or serv ices , or a ' ainst whom a reasonable complain t has beenmade or c redible informat ion has been rece ived , or a reasonable suspicionexists of his havin' been so concerned, for purpose of in uiry:

$rovided that the detention of such person, includin' detention for further period afterthree months, shall be sub ect to the provisions of Article 1@ of the 0onstitution"=

(#) The in uiry under sub-section (1) may be conducted by a police officer not

below the ran% of ?uperintendent Fof $olice or throu'h a Hoint Interro'a tion Team (HIT) tobe notified by the overnment comprisin' a police officer not below the ran% of?uperintendent of $olice and Fofficers of other investi'ation a'encies And the powers of thein u iry officer will be vested as per section F9 of the .ederal Investi'ation A'ency Act, "1 !6(3III of 1 !9) 29 4:=

28 4$rovided that where the detention order has been issued by the armed forces or civilarmed forces under sub-section (1), the in uiry shall be conducted by the HIT comprisin'members of armed forces or 0ivil armed forces, as the case may be, intelli'ence a'encies andother law enforcement a'encies, includin' a police officer not below the ran% of ?uperintendent of$olice"=

2! 4(#A) The provision of sub-section (1) and (#) shall remain in force for such period as maybe notified by the overnment from time to time:

79 Substitut ed by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)80Insert ed by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)81 &mitt ed by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)82 ew ?ection 11555 inserted by Amendment 7rd" (;;3) of #@@# dated 19-11-#@@#"83 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&84 ?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)85 ?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)86 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)87 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)


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""

-

$rovided that such period shall not exceed two years form the commencement ofthe Anti-terrorism (Amendment) Act, #@16 (3I of #@16)=

(&) The detenue shall be produced in c amera be fore the presidin' officer of the court or inhis absence before the Eistrict and ?essions Hud'e or the a'istrate appointed u nder the ?hariah

i


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(8) A person 'uilty of an offence under sub-sections (&), (6) and (9) shall be liable onconviction to a term of imprisonment not less than one year and not more than five and a fine"

11-80 91 ni$or"0 (1) A person commits an offence if he-

(a) wears, carries or displays any article, symbol, or any fla' or banner connected withor associated with any proscribed or'ani


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11-:0 1 1Mone4-la/n erin 0 (1) $erson commits an offence if he enters into or becomesconcerned in any arran'ement which facilitates the retention or control, by or on behalf of anotherperson, of terrorist property"

(a) Cy concealment,

(b) Cy removal from the urisdiction"

(c) Cy transfer of nominees, or(d) In any other way"

(#) It is a defense for a person char'ed with an offence under sub-section (1) to provethat he did not %now and had no reasonable cause to suspect that the arran'ement related toterrorist property"

11-;0 1 #i%!lo%/re o$ In$or"ation0 (1) here a person--

(a) Celieves or suspects that another person has committed an offence under this Actand

(b) Cases his belief or suspicion on information which comes to his attention in the

course of a trade, profession, business or employment, he commits an offence if hedoes not disclose to a police officer as soon as is reasonably practicable his belief orsuspicion, and the information on which it is based"

(#) It is a defense for a person char'ed with an offence under sub-section (1) of thissection to prove that he had a reasonable excuse for not ma%in' the disclosure:

$rovided that this sub-section does not re uire disclosure, by a professional le'al advisorof any information which he obtains in privile'ed circumstances"

(&) A person may disclose to a police officerJ

(i) A suspicion or belief that any money or other property is terrorist property or isderived from terrorist property: or

(ii) Any matter on which the suspicion is based"

(6) ?ub-section (&) shall have effect notwithstandin' any restriction on the disclosure ofinformation imposed by any law for the time bein' in force:

11-M0 1 ? Coo+eration ith .oli!e0 (1) A person does not commit an offence under ?ection 11-> to 11-O, if he is actin' with the express consent of a police officer not below the ran% of aEeputy ?uperintendent"

(#) ?ub ect to sub-sections (&) and (6) under this section, a person does not commit anoffence under ?ections 11-> to 11-O by involvement in a transaction or arran'ement relatin' tomoney or the property if he discloses to a police officer:--

(a) >is suspicion or belief that the money or other property is terrorist property, and

(b) The information on which his suspicion or belief is based"

(&) ?ub-section (#) under this section applies only where a person ma%es a disclosureJ

(a) after he becomes concerned in the transaction concerned

(b) on his own initiative and

(c) as soon as is reasonably practicable"

(6) ?ub-section (#) under this section does not apply to a person ifJ

(a) A police officer forbids his to continue his involvement in the transaction orarran'ement to which the disclosure relates, and

(b) >e continues his involvement"

(9) It is a defence for a person char'ed with an offence under ?ection 11-> to 11-H toprove that

(a) >e intended to ma%e a disclosure, and

(b) There is reasonable excuse for his failure to do so"

101 Added by ordinance o" ;;;I; of #@@1 dated 19"@2"#@@1"102 Added by ordinance o" ;;;I; of #@@1 dated 19"@2"#@@1"103 Added by ordinance o" ;;;I; of #@@1 dated 19"@2"#@@1"


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11-N0 1 B./ni%h"ent /n er Se!tion% 11-H to 11-:0 Any person who commits an offenceunder ?ections 11-> to 11-O, shall be punishable on conviction with imprisonment for a term noless than 1@94five years= and not exceedin' 1@84ten years= and with fine"1@!411-O0 1 54Sei6/re, $ree6e an etention0- (1) 7n proscription made under section 11C or, asthe case may be, section 1155"-

(a) the money or other property owned or controlled, wholly or partly, directly or

indirectly, by a proscribed or'ani


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11- to 11- may ma%e a forfeiture order in accordance with the provisions ofthis section"

(#) here a person is convicted of an offence under ?ection 11->(1) or (#) or ?ection11-1, the 0ourt may order the forfeiture of any money or other property-

(a) hich, at the time of the offence, he had in his possession or under his control and

(b) hich, at that time, he intended should be used, or had reasonable cause tosuspect mi'ht be used, for the purposes of terrorism"

(&) here a person has been convicted under ?ection 11-> (&), the 0ourt may orderthe forfeiture of any money or other property:

(a) hich, at the time of the offence, he had in his possession or under his control, and:

(b) hich, at the time, he %new or had reasonable cause to suspect would or mi'ht beused for the purposes of terrorism"

(6) here a person is convicted of an offence under ?ection 11-H, the 0ourt may orderthe forfeiture of the money of other property-

(a) To which the arran'ement in uestion related and

(b) hich, at the time of the offence, he %new or had reasonable cause to suspect would or mi'ht be used for the purposes of terrorism"

(9) here a person is convicted of an offence under ?ection 11-O, the 0ourt may orderthe forfeiture of the money or other property to which the arran'ement in uestion related"

(8) here a person is convicted of an offence under any of the ?ections 11-> to 11-Othe 0ourt may order forfeiture of any money or other property which wholly or partly, and directlyor indirectly, is received by any person as a payment or other reward in connection with thecommission of the offence"

11&4(!) A person other an accused, claimin' the ownership or interest in any propertyor assets, suspected to be terrorist property, may within a period of fifteen days of free


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11-T0 1 #e+o%it o$ 1 1&"one4 or other +ro+ert4 in a $/n 0 (1) Any 1## 4money or otherproperty= to which a forfeiture order under ?ections 11-/ and 11-? applies, alon' with 1#&4anyaddition, return,= profit and loss accrued, shall be deposited into a special fund to be notified bythe .ederal overnment"

(a) After the expiry of the limitation period within which an appeal a'ainst the forfeitureorder may be brou'ht under ?ection 11-? (#), or

(b) here an appeal brou'ht under ?ection 11-? has been determined and disposedof"

(#) Any fund constituted by the .ederal overnment under sub-section (1) may also beused to compensate victims of acts of terrorism or in the case of deceased victims, theirdependents"

1#6 4(&) The .ederal overnment may, be rules made under this Act, prescribe the mannerof administration of the fund and mana'ement or disposal of the money or property forfeitedunder this Act"=

11- 0 1 1 @e-+ro%!ri+tion0- (1) The .ederal overnment may, by notification in the officiala


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$rovided that a factual news report, made in 'ood faith, shall not be constructed to mean+pro ection+ for the purposes of this section"

1&&4(#) Any person 'uilty of an offence under sub-section (1) shall be punishable onconviction with imprisonment which may extend to five years and with fine

11-X0 1?BRe%+on%i2ilit4 $or !reatin !i*il !o""otion0 (1) A person commits an offence if hema%es any call for action or shut-down, imposed throu'h the use of threats or force resultin' indama'e or destruction of property or in ury to person, to intimidate citii'h 0ourtconcerned=133 ?ub ?ection (#) of section 11- substituted by Act II of #@@9 dated 11"@1"#@@9" at the time os substitution the said sub-section was as under (#)Any person 'uilty of an offence under subsection (1) shall be liable by way of summary procedure, on conviction, to a maximum term of six monthimprisonment"134 Added by ordinance o" ;;;I; of #@@1 dated 19"@2"#@@1135 .or the word *six months+ the words *ten years+ substituted by Act II of #@@9 dated"11"@1"#@@9136 .or the word *five years+ the words *ten years+ substituted by Act II of #@@9 dated"11"@1"#@@9137

.or the word *six months+ the words *ten years+ substituted by Act II of #@@9 dated"11"@1"#@@9138 .or the word *three years+ the words *ten years+ substituted by Act II of #@@9 dated"11"@1"#@@9139 ?ubstituted by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#140 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&141 ?ubstituted by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#142 ?ubstituted by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#143 ?ubstituted by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#144 ?ubstituted by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#145 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&146 ?ubstituted by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#""147 ?ubstituted for the word *each area+ by ordinance o" 3I of #@@# dated &1"@1"#@@#"148 ?ubstituted for the word *each area+ by ordinance o" 3I of #@@# dated &1"@1"#@@#"149 ?ection 1& substituted by 7rdinance o" ;III of 1 dated #!"@2"1 ""150 ?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&151 ?ubstituted by 7rdinance o" 0;;;I3 of 1 dated #&"11"#@@#


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(#) here more Anti Terrorism 0ourts than one have been established in ant area theovernment in consultation with 0hief Hustice of the >i'h 0ourt shall 19# 4desi'nate a Hud'e of any

such 0ourt to be an administrative Hud'e= and all cases triable under this Act pertainin' to thesaid area shall be filed before the 19&4said 0ourt and such ud'e may either try the case himself=or, assi'n any case, or cases, for trial to any other Anti-Terrorism 0ourt at any time prior to theframin' of the char'e" The cases shall be assi'ned to a court one case at a time:

$rovided that in order to ensure that the time of the 0ourt is not wasted if for some reasona 'iven case cannot proceed more than one case can be assi'ned to it at any time or from time totime"

(&) In respect of a case assi'ned to court under sub section (#), all orders made orproceedin's ta%en before the assi'nment shall be deemed to have been made or ta%en by thecourt to which case has been assi'ned"

196 4(6) otwithstandin' anythin' contained in sub section (#) and sub section (&) the.ederal overnment or if so directed by the overnment, the $rovincial overnment shall inaddition to the existin' 199 4Anti Terrorism 0ourt= or such other 198 4Anti-Terrorism 0ourts= as may beestablished in the area, establish one such additional 19! 4Anti-Terrorism 0ourt= under this Act at the

$rincipal seat of the192

4each >i'h 0ourt= and appoint a Hud'e of such >i'h 0ourt as a Hud'e of19 4Anti-Terrorism 0ourt= in consultation with the 0hief Hustice of the >i'h 0ourt concerned, and where a Hud'e of >i'h 0ourt is appointed as a Hud'e for any area under this Act, he shall be theadministrative ud'e for that area and such administrative Hud'e, in addition to the powersexercisable under this Act, either suo motu or on the application of any party, at any sta'e of theproceedin's whether before or after the framin' of char'e for sufficient cause includin' asmentioned in sub section (1) of ?ection #2, Transfer, withdraw or recall any case pendin' beforeany other 18@4Anti Terrorism 0ourt= in that area and may either try the case himself or ma%e it overfor trial in any other 181 4Anti Terrorism 0ourt= in that area"

(9) The 18# 4Anti Terrorism 0ourt to which a case is transferred or recalled for trial under?ub-section (6), shall proceed with the case from the sta'e at which it was pendin' immediately

before such transfer or recall and it shall not be bound to recall or rehear any witness who has'iven evidence and may act on the evidence already recorded="

1B0 18&4Co"+o%ition an a++oint"ent o$ +re%i in o$$i!er% o$ Anti-terrori%" Co/rt%0 (1)an Anti Terrorism 0ourt ?hall consist of a Hud'e, bein' person who -

(i) is a Hud'e of >i'h 0ourt or is or has been ?essions ud'e or an Additional?essions Hud'e or

(ii) Is Hudicial a'istrate .irst 0lass vested with powers under ?ection &@ of the 0odeor

(iii) has for a period of not less than ten years been an advocate of a hi'h 0ourt"

(#) The .ederal overnment or the $rovincial overnment, if directed by the .ederalovernment to establish a court under this Act, shall, after consultation with the 0hief Hustice of

the >i'h 0ourt, appoint a Hud'e of each court"

(&) A Hud'e shall hold office for a period of two and a half years but may be appointedfor such further term or part of term as the overnment appointin' the Hud'e may determine"

(6) A Hud'e may be removed from his office prior to the completion of the period for which he has been appointed after consultation with the 0hief Hustice of the >i'h 0ourt"

(9) In case a Hud'e is on leave, or for any other reason temporarily unable to performhis duties, the overnment ma%in' appointment of such Hud'e may, after consultation with the0hief of >i'h 0ourt, authori


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(8) the Anti-Terrorism 0ourts existin' immediately before the commencement of theAnti-Terrorism (?econd Amendment) 7rdinance, #@@#, and the Hud'es appointed to such 0ourts,shall, sub ect to the provisions of this Act, as amended, continue to function and try offencesunder this Act"

1 0 .la!e o$ %ittin 0 (1) ?ub ect to sub-sections (#) and (&), an 186 4Anti-Terrorism= shallordinarily sit at such place or places 189 4includin' cantonment area or ail premises= as the

overnment may, by order, specify in that behalf"(#) The overnment may direct that for the trial of particular case the 0ourt shall sit at

such place includin' the place of occurrence of an offence as it may specify"

(&) 5xcept in a case where a place of sittin' has been specified under sub-section (#),an 188 4Anti-Terrorism= may, if it considers it expedient or desirable so to do either suo motu or onthe application of the public prosecutor sit, for holdin' the trial of a case at any place includin' amos ue other than the ordinary place of its sittin'"

1@0 Oath 24 1@7&Anti-Terrori%" Co/rt 0 A 182 4Hud'e= of an 18 4Anti-Terrorism 0ourt= shall, atthe commencement of a proceedin' under this Act, ma%e oath, in the case of uslim, on the >olyPuran, to the effect that he shall decide the case honestly, faithfully and considerin' himselfaccountable to Almi'hty Allah, and in case of a non- uslim in accordance with 1!@4the constitution,law and his conscience="

on-ta%in' of oath by $residin' 7fficer of Anti-Terrorism 0ourt in accordance withre uirement of ?" 18 would not vitiate the trial by him when such omission has not pre udiced theaccused"

170 .o er% o$ 171 &Anti-Terrori%" Co/rt ith re%+e!t to other o$$en!e%0 hen tryin' anyscheduled offence, an 1!# &Anti-Terrorism 0ourt= may also try any offence other than the scheduledoffence with which the accused may, under the 0ode, be char'ed at the same trial"

150 ./2li! .ro%e!/tor%0 17? (1) the 1!6 4BBB= overnment shall appoint in relation to each Anti Q

Terrorism 0ourt or a >i'h 0ourt and ?upreme 0ourt of $a%istan a proficient, dili'ent andprofessionally competent public $rosecutors or Kaw 7fficers and may also appoint one or moreAdditional $rosecutors or Kaw 7fficers:

$rovided that the overnment may also appoint, for any case or class of cases, a special$rosecutor"

(#) 5very $erson appointed as a $ublic $rosecutor or an Additional $ublic $rosecutoror a ?pecial $ublic $rosecutor shall be deemed to be a $ublic $rosecutor within meanin' of?ection 6 # of the 0ode, and the provisions of the 0ode shall have effect accordin'ly"

190 .ro!e /re an .o er% o$ 17 &Anti Terrori%" Co/rt0 17@4(1) 1!! 4An investi'atin'officer under this Act shall be an officer or $olice 7fficer not below the ran% of Inspector or e uivalent or, if the

overnment deems necessary Hoint Investi'ation TeamD to be constituted by the overnment shall be headed byan Investi'ation officer of $olice not below the ran% of ?uperintendent of $olice, (C?-12) and other offices of HITmay include e uivalent ran% from Intelli'ence A'encies, Armed .orces and 0ivil Armed .orces" The HIT shallcomprise five members and for the meetin' purposes the uorum shall consists of three members"

The investi'atin' officer to the HIT, as the case may be, shall complete the investi'ation inrespect of cases triable by the court within thirty wor%in' days" The report under section 1!& of the0ode shall be si'ned and forwarded by the investi'atin' officer of police directly to the court:

$rovided that where the provisions of sections 6 and 9 have been invo%ed, theinvesti'ation shall be conducted by the HIT comprisin' members of armed forces or civil armedforces, as the case may be, intelli'ence a'encies and other law enforcement a'encies includin'

164 ?ubs by ordinance o" ;III of 1 dated #!"@2"1 , ?"#165 Inserted 7rdinance o" 3I of #@@# dated &1"@1"#@@#"166 ?ubs by ordinance o" ;III of 1 dated #!"@2"1 , ?"#167 ?ubstituted by 7rdinance o" ;III of 1 dated #!"@2"1 "168 ?ubs by ?econd Amendment 7rd" 0;;;I3 of #@@#, dated #&-11-#@@#"169 ?ubs by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#"170 ?ubstituted for the word *his faith to the effect that he will decide the case honestly, faithfully accordin' to his conscience and belief+ byordinance o" ;II of 1 dated #!"@2"1 "171 ?ubs by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#"172 ?ubs by 7rdinance o" ;III of 1 dated #!"@2"1 , ?"#"173 ?ubs by 7rdinance o" ;III of #@@#, dated &1-@1-#@@#174 7mitted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)175 ?ubs by 7rdinance o" 3I of #@@#, dated &1"@1"#@@#176 ?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&177 ?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)


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an investi'atin' officer of police not below the ran% of Inspector who shall si'n the report undersection 1!& of the 0ode and forward it to the 0ourt:

$rovided further that, where investi'ation is not completed within a period of thirty daysfrom the date of recordin' of the first information report under section 196 of the code, theinvesti'atin' officer or the HIT shall, within three days after expiration of such period, forward tothe 0ourt throu'h the $ublic $rosecutor, an interim report under section 1!& of the code, statin'

therein the result of investi'ation made until then and the court shall commence the trial on thebasis of such interim report, unless, for reasons to be recorded, the 0ourt decides that the trialmay not so commence" The interim report shall be si'ned by the investi'atin' officer of police =

1!2 4(1A) otwithstandin' anythin' contained in any other law for the time bein' in force, the.ederal overnment may, in result of any case re'istered by or under investi'ation with, the police orany other investi'ation a'ency or authority, by order in writin', entrust in uiry or such investi'ationto such a'ency or authority as it may deem fit and thereupon the $olice, or any other investi'ationa'ency or the authority shall transfer the record of the case to such a'ency or authority"=

1! 4(1C) here any person has been arrested by the armed forces or civil armed forces undersection 9, he shall be handed over to the investi'atin' officer of the police station desi'nated for thepurpose by the $rovincial overnment in each Eistrict"=

(#) Any default on the part of an officer-in-char'e of a police-station, an investi'atin'officer or any other person re uired by law to perform any functions in connection with theinvesti'ation, that results in, or has the effect of, delayin' investi'ation or submission of the reportunder sub-section (1), shall be deemed to be a willful disobedience of the orders of the 12@Anti-Terrorism 0ourt and the person committin' the default shall be liable to be punished for contemptof 0ourt"

(&) 121 The Anti-Terrorism 0ourt may directly ta%e co'ni


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1 &4(2a) on-compliance with the provisions of sub-section 1 64(!) or= (2) may renderthe presidin' officer of the court liable to disciplinary action by the concerned >i'h 0ourt"

(2-b) otwithstandin' anythin' contained in section ! of the 5xplosive ?ubstances Act,1 @2 (3I of 1 @2), or any other law for the time bein' in force, if the consent or sanction of theappropriate authority, where re uired, is not received within thirty days of the submission ofchallan in the court, the same shall be deemed to have been 'iven or accorded and the court

shall proceed with the trial of the case="( )" 1 9An Anti-Terrorism 0ourt shall not, merely by reason of a chan'e in its composition

or transfer of a case under sub-section (1) of ?ection 1@, be bound to recall and re-hear any witness who has 'iven evidence and may act on the evidence already recorded"

1 84(1@) Any accused person may be tried in his absence if the Anti-Terrorism court, aftersuch in uiry as it deems fit, is satisfied that such absence is deliberate and brou'ht about with aview to impedin' the course of ustice:

$rovided that the accused person shall not be tried under this sub-section unless aproclamation has been published in respect of him in at least 1 ! 4In one daily newspaper includin'?indhi lan'ua'e= re uirin' him to appear at a specified place within seven days failin' whichaction may also be ta%en a'ainst him under section 22 of the 0ode:

$rovided further that the 0ourt shall proceed with the trial after ta%in' the necessary stepsto appoint an Advocate at the expense of the ?tate to defend the accused person who is notbefore the 0ourt"

E'+lanation0--- An accused who is tried in his absence under this sub-section shall bedeemed not to have admitted the commission of any offence for which he has been char'ed"

(11) The Advocate appointed under the second proviso to sub-section (1@) shall be aperson selected by the 1 24Anti- Terrorism 0ourt= for the purpose and he shall be en'a'ed at theexpense of the overnment"

1

4(11-A) otin' contained in sub-section (1@) or sub-section (11) shall be construed todeny the accused the ri'ht to consult or be defended by a le'al practitioner of his own choice="

(1#) If, within sixty days from the date of his conviction, any person tried under sub-section (1@) appears voluntarily, or is apprehended and brou'ht before #@@4The Anti- Terrorism0ourt), and proves to its satisfied that he did not abscond or conceal himself for the purpose ofavoidin' the proceedin' a'ainst him, the #@14Anti-Terrorism 0ourt= shall set aside his convictionand proceed to try him in accordance with law for the offence with which he is char'ed:

$rovided that the #@#Anti-Terrorism 0ourt may exercise its powers under this sub-section ina case in which a person as aforesaid appears before it after the expiration of the said period andsatisfied it that he cold not appear within the said period by reason of circumstances beyond hiscontrol"

#@&4(1&) xxxxxxxxxxxxxxxx=

(16) ?ub ect to the other provisions of this Act, an #@64Anti-Terrorism 0ourt= the purpose oftrial of any offence have all the powers of a 0ourt of sessions and shall try such offence as if it

were 0ourt of ?essions as far as may be in accordance with the procedure proscribed in the 0odefor trial before a 0ourt of ?essions"#@9419A0 Mo e o$ "a3in %ear!he% an arre%t0--- The provisions of the 0ode, except that ofsection I @&, shall mutatis mutandis apply to all searches and arrest by police officer and anofficer of e uivalent ran% of the law enforcement a'encies made under this Act"=

193 ?ub sections (2a) and (2b) inserted by Act II of #@@9 dated 11"@1"#@@9"194 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)195 ?ubstituted by 7rdinance 7" ;III of 1 dated #!"@2"1 , s"#"196 ?ubs Qsection (1@) substituted by 7rd" ;III of 1 "197 ?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&198 ?ubs by 7rd" ;III of 1 dated #!"@2"1 , ?"#"199 Inserted by 7rd" ;III of 1 dated #!"@2"1 "200 ?ubs by 7rd" ;III of 1 dated #!"@2"1 , ?"#"201 ?ubs by 7rd" ;III of 1 dated #!"@2"1 , ?"#"202 ?ubs by 7rd" ;III of 1 dated #!"@2"1 , ?"#"203 ?ub-section (1&) omitted by Amendment 7rd" ;;;I; of #@@1"204 ?ubs by 7rd" ;III of 1 dated #!"@2"1 , s"#"205 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&


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#@8419 0 .re-trial %!r/tin40 Cefore commencement of the trial, the prosecutor shallscrutini


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(#) A desi'nation may be made only by an officer not below the ran% of a ##1 Eeputy?uperintendent of $olice if he considers it expedient for the purposes of a terrorist investi'ation"

(&) If a desi'nation is made orally, the officer ma%in' it shall confirm it in writin', assoon as is reasonably practicable"

(6) The officer ma%in' a desi'nation shall arran'e for the demarcation of the cordonedarea, so far as is reasonably practicable"

(9) An area may be desi'nated a cordoned area for a maximum period of fourteendays, which may be extended in writin' from tome to time, with each extension specifyin' theadditional period:

$rovided that a desi'nation shall have no effect after #2 days be'innin' with the day on which it was made"

(8) here a person %nows or has reasonable cause to suspect that a terroristinvesti'ation is bein' conducted or is proposed to be conducted, a person commits an offence ifhe----

(a) discloses to another, or others, anythin' which is li%ely to pre udice an investi'ation

or(b) interferes with material which is li%ely to be relevant to an investi'ation"

(!) hosoever, commits an offence under sub-section(8) shall be liable on conviction toimprisonment for a term not less than six months and not exceedin' two years, and fine"

(2) It is a defence for a person char'ed with an offence under sub-section (8) to proveJ

(a) that he did not %now and had no reasonable cause to suspect that the disclosure orinterference was li%ely to affect a terrorist investi'ation or

(b) that he had reasonable excuse for the disclosure or interference"

( ) .or the purposes of this section---(a) a reference to conductin' a terrorist investi'ation includes a reference to ta%in' part

in the conduct of or assistin', terrorist investi'ation and

(b) a person interferes with any material if he falsifies, it, conceals it, destroys it ordisposes of it, or if he causes or permits another to do any of these thin's"

1- 0 Terrori%t in*e%ti ation0 (1) A policeman in uniform, ##&4or a member of a HointInvesti'atin' Team= may----

(a) order a person in a cordoned area to leave immediately,

(b) order a person immediately to leave the premises which are wholly or partly in orad acent to a cordoned area,

(c) order the driver or person in char'e of a vehicle in a cordoned area to move it fromthe area immediately,

(d) arran'e for the removal of a vehicle from the cordoned area,

(e) arran'e for the movement of a vehicle within a cordoned area,

(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles,

(') enter ad search any premises in a cordoned area if he suspects anyone concerned with terrorism is hidin' there,

(h) search and arrest any person he reasonably suspects to be a person concerned interrorism:

$rovided that any search of a person shall be done by a $olice person of the same sex or

(i) ta%e possession of any property in a cordoned area he reasonably suspects is li%ely tobe used for the purposes of terrorism"

10 BC-Trainin 0 (1) eapons Trainin': A person commits an offence if he provides, without valid authori


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(a) fire-arms(b) 5xplosives or(c) 0hemical, biolo'ical, and other weapons"(#) A $erson commits an offence if he provides without valid authorii'h 0ourt, or the ?upreme

0ourt of $a%istan, shall have the power o urisdiction to 'rant bail to or otherwise release anaccused person in a case triable by an Anti-Terrorism 0ourt 0

(#) All offences under this Act punishable with death or imprisonment ##8 4B B B B B= notexceedin' three years shall be non-bailable:

$rovided that if there appear reasonable 'ourds for believin' that any person, accused ofnon-bailable offence has been 'uilty of an offence punishable with death or imprisonment for lifeor imprisonment for not less than ten years, such person shall not be released on bail"

(&) ?ub ect to sub-section (#), the 0ourt may admit a person to bail, unless satisfied thatthere are sub-sectional 'rounds for believin' that the person, if released on bail (whether sub ectto conditions or not), would--225 Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1226 The word *notD omitted and shall be deemed be deemed always to have been so omitted by ordinance o" 3I of #@@# dated &1"@1"#@@#"


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(a) fail to surrender to custody

(b) 0ommits an offence while on bail

(c) Interfere with a witness otherwise obstruct or attempt to obstruct the course of ustice, weather in relation to himself another person or

(d) fail to comply with the conditions of release (if any)"

(6) In exercisin' its powers in relation to a person see%in' bail under this Act, the courtshall have re'ard to such of the followin' considerations (as well as to any others which itconsiders relevant)--

(a) the nature and seriousness of the offence with which the person is char'ed

(b) the character, antecedents, associations and community ties of the person

(c) the time which the person has already spent in custody and the time which he isli%ely to spend in custody if he is not admitted to bail and

(d) the stren'th of the evidence of his havin' committed the offence"

(9) without pre udice to any other power to impose conditions on admission to bail, the0ourt admittin' a person to bail under this section may impose such conditions as it considers-

(a) li%ely to result in the personDs appearance at the time and place re uired,##! 4includin' very hi'h bail sureties= or

(b) necessary in the interests of ustice or for the prevention of crime" ##2 4includin'surveillance of the person 'ranted bail to monitor his activities and re uirin' him toreport to the concerned police station at specified intervals as determined by thecourt=

(8) It shall be lawful for the person to be held in military or police protective custody inaccordance with the conditions of his bail"

(!) The overnment or the 0ourt may, under this section, at any time, in respect of aperson char'ed of an offence under this Act, if it considers necessary, by special or 'eneral order,direct special arran'ements to be made as to the place at which the person is to be held in orderJ

(a) to prevent his escape or

(b) to ensure his safety or the safety of others"

1 9E0 Re"an 0 (1) where a person is detained for investi'ation, the investi'atin' officer, within twenty -four hours of the arrest, excludin' the time necessary for the ourney from the placeof arrest to the court, shall produce the accused before the 0ourt, and may apply for remand ofthe accused to police custody, #&@4or custody of any other investi'atin' A'ency oined in theinvesti'ation= for which the maximum period allowed may be #&14not less #fifteen days and notmore= than thirty days at one time=:

$rovided that, where an accused cannot within twenty-four hours be produced before the0ourt, a temporary order for police custody, #&&4or custody of any other investi'atin' A'ency

oined in the investi'ation= not exceedin' twenty-four hours may be obtained from the nearesta'istrate for the purpose of producin' the accused before the 0ourt within that period"

(#) o extension of the time of the remand of the accused in police custody, #&64orcustody of any other investi'atin' a'ency oined in the investi'ation= shall be allowed, unless itcan be shown by the Investi'atin' 7fficer, to the satisfaction of the 0ourt that further evidencemay be available and the 0ourt is satisfied that no bodily harm has been or will be caused to the

accused:$rovided that the total period of such remand shall not exceed #&94ninety= days"

(&) The 0ourt shall be deemed to be a a'istrate for purposes of sub-section (1) #&84:=

227 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&228 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&229 Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1230 Inserted by 7rd" 3I of #@@#, dated &1"@1"#@@#"231 ?ubstituted by 7rdinance I of #@1@, dated @1"@#"#@1@232 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1&dated #8"@&"#@1&233 Inserted by 7rd" 3I of #@@#, dated &1"@1"#@@#"234 Inserted by 7rd" 3I of #@@#, dated &1"@1"#@@#"235 ?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&236 ?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&


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#&!4$rovided that the a'istrates appointed under the ?hariah i


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circumstantial and other evidence) produced raises the presumption that there is a reasonableprobability that the accused has committed the offence, any confession made by the accuseddurin' investi'ation without bein' compelled, before a police office not below the ran% of a?uperintendent of $olice, may be admissible in evidence a'ainst him, if the 0ourt so deems fit:

$rovided that the ?uperintendent of $olice before recordin' any such confession, hadexplained to the person ma%in' it that he is not bound to ma%e a confession and that it he does so

it may be used as evidence a'ainst him and that no ?uperintendent of $olice has recorded suchconfession unless, upon uestionin' the person ma%in' it, the ?uperintendent of $olice hadreason to believe that it was made voluntarily and that when he recorded the confession, hemade a memorandum at the foot of such recorded to the followin' effect

*I have explained to (name), that he is not bound to ma%e a confession and that, if he doesso, any confession he may ma%e may be used as evidence a'ainst him and I believe thatthis confession was voluntarily made" It was ta%en in my presence, and was read over tothe person ma%in' it and admitted by him to be correct, and it contains a full and trueaccount of the statement made by him"

1-I0 B9Ai an a2et"ent0 whoever aids or abets any offence, under this Act shall be

punishable with the maximum term of same imprisonment provided for the offence or the fineprovided for such offence or with both"

1- 0 Har2o/rin 0 (1) A person commits an offence if he harbours any person who hascommitted an offence under this Act"

(#) A person 'uilty of an offence under sub-section (1) shall be liable on conviction topunishment as provided in sections #18 and #18-A of the $a%istan $enal 0ode (Act ;K3 of 128@)"

1-:0 O$$en!e% tria2le 24 a4 o$ %/""ar4 +ro!e /re0 All offences under this Actpunishable with imprisonment for a term of not more than six months with or without fine shall betried by way of summary procedure"

1-; 1./ni%h"ent $or an A2%!on er0 hoever bein' accused of an offence under this Act,absconds and avoids arrest or evades appearance before any in uiry, investi'ation or 0ourtproceedin's or conceals himself, and obstructs the course of ustice, shall be liable toimprisonment for a term not less than #9# 4five years= and not more than #9&4ten years= or with fine or

with both"

1-M0 B oint Trial0 (1) hile tryin' any offence under this Act, a 0ourt may also try and otheroffence which an accused may, under the 0ode of 0riminal $rocedure, 12 2, be char'ed, at thesame trial if the offence is connected with such other offence"

(#) If, in the course of any trial under this Act of any offence it is found that the accusedperson has committed any other offence under this Act or any other law for the time bein' in fore,the 0ourt may convict an accused for such other offence and pass any sentence authori


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(#) 0opies of the Hud'ment of #9 4Anti Terrorism 0ourt= shall be supplied to the accusedand the public prosecutor free of cost on the day the ud'ment is pronounced and the record ofthe trial shall be transmitted to the #8@*>i'h 0ourt+ within three days of the decision"

(&) An appeal under sub-section (1) may be preferred by a person sentenced by an#81 4Anti Terrorism 0ourt= to #8# 4a >i'h 0ourt= within #8&4fifteen= days of the passin' of the sentence"

(6) The Attorney eneral #86 4Eeputy Attorney eneral, ?tandin' 0ounsel or anAdvocate eneral= #89 4or an advocate of the >i'h 0ourt or the ?upreme 0ourt of $a%istanappointed as public prosecutor, Additional $ublic $rosecutor or a ?pecial $ublic $rosecutor= may,on bein' directed by the .ederal or a $rovincial overnment, file an appeal a'ainst an order ofac uittal or a sentence passed by #88 4an Anti-Terrorism 0ourt within #8! 4thirty= days of such order"

#82 4(6-A) Any person who is a victim or le'al heir of a victim and is a''rieved by theorder of ac uittal passed by an Anti Terrorism 0ourt, may, within thirty days, file an appeal in >i'h0ourt a'ainst such order"

(6-C) If an order of ac uittal is passed by an Anti Terrorism court in any case institutedupon complaint and the >i'h 0ourt, on an application made to it by the complainant in this behalf,'rant special leave to appeal from the order of ac uittal, the complainant may within thirty dayspresent such an appeal to the >i'h 0ourt"=

(9) An appeal under this section shall be heard and decided by #8 a >i'h 0ourtAppellate Tribunal within seven wor%in' days"

8) #!@4xxxxxxxxxx="

(!) #!1 4xxxxxxxxxx="

(2) $endin' the appeal in #!# the >i'h 0ourt= shall not release the accused on bail"

4( ) #!& .or the purposes of hearin' appeals under this section each >i'h 0ourt shallestablish a ?pecial bench or Cenches consistin' of not less than two ud'es"

(1@) hile hearin' an appeal, the Cench shall not 'rant more than two consecutivead ournments="

@0 7B4xxxxxxxxxx= "

70 ./ni%h"ent $or e$e!ti*e in*e%ti ation 7 &an re ar $or %/!!e%%$/l in*e%ti ation 0 #!8 4(1)= if an #!! 4Anti-Terrorism 0ourt= or #!2 4a >i'h 0ourt= comes to the conclusion durin' the

course of or at the conclusion of the trial that the investi'ation officer, or other concerned officershave failed to carry out of investi'ation properly or dili'ently or have failed to pursue the caseproperly and in breach of their duties, it shall be lawful for such 0ourt or as the case may be, #! 4a>i'h 0ourt= to punish the delin uent officers with imprisonment which may extend to two years, or

with fine, or with both by resort to summary proceedin's"#2@

4(#) Incentive systems shall be introduced by the $rovincial overnments providin' forappropriate rewards to investi'atin' officers who conduct successful investi'ation"=

259 ?ubstituted by 7rdinance o" ;III of 1 , s,#"260 ?ubstituted by 7rdinance o" ;III of 1 , s,#"261 ?ubstituted by 7rdinance o" ;III of 1 , s,#"262 ?ubstituted by 7rdinance o" ;III of 1 , s,#"263 ?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&264 Inserted and shall be deemed to have been so inserted for the date of commencement of the said Act by 7rdinance o" ;I; of #@@@"265 Inserted and shall be deemed to have been so inserted for the date of commencement of the said Act by 7rdinance o" ;I; of #@@@"266

?ubstituted by 7rdinance o" ;III of 1 , s,#"267 ?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&268 ?ub-sections (6a) added and (6b) inserted by Act of #@@6, dated &@-11-#@@6"269?ubs by 7rdinance o" ;III of 1 , s"#"270 7mitted by 7rdinance o" ;III of 1 dated #!"@2"1 "271 7mitted by 7rdinance o" ;III of 1 dated #!"@2"1 "272 ?ubstituted by 7rdinance o" ;III of 1 , s,#"273 ?ubs by 7rdinance o" ;III of 1 , s"#"274 ?ection #8 omitted by 7rdinance ;III of 1 dated #!"@2"1 "275 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)276 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)277 .or the word *?pecial 0ourt+, *a ?pecial 0ourt+ or *the ?pecial 0ourt+ wherever occurrin' the word *Anti Terrorism 0ourt+, *an Anti Terrorism0ourt+ or *the Anti Terrorism 0ourt+ substituted by 7rdinance o" ;III of 1 dated #!-@2-1 , s"#278 ?ubs by 7rd" ;II of 1 , ?"#"279 ?ubs by 7rd" ;II of 1 , ?"#"280 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)


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#21 4 7A .re%/"+tion o$ +roo$ a ain%t a!!/%e 0--- Any person havin' in possession anyexplosive substance with or without explosive devices without lawful ustification or havin' beenunlawfully concerned with such explosive substance and devices, shall be presumed, unlesscontrary is proved, that the explosive substance was for the purpose of terrorism "=

#2# 4 7AA0 ./ni%h"ent $or $al%e i"+li!ation0 here an investi'atin' officer dishonestlyand falsely involves, implicates or arrests a person alle'es to have committed any scheduledoffence shall be punishable with imprisonment for a term which may extend to two years or withfine or with both:

$rovided that action a'ainst such investi'atin' officer shall not be ta%en without the priorapproval of the overnment"

7 0 Con*i!tion on the 2a%i% o$ ele!troni! or $oren%i! e*i en!e et!0 otwithstandin'anythin' contained in this Act or Panun-e-?hahdat 7rder, 1 26 ($" 7" o" 1@ of 1 26) or anyother law for the time bein' in force, a person accused of an offence under this Act may beconvicted on the basis of electronic or forensic evidence or such other evidence that may havebecome available because of modern devices or techni ues referred to in Article 186 of thePanun-e-?hahadat 7rder, ($"7" o" 1@ of 1 26):

$rovided that the 0ourt is fully satisfied as to the 'enuineness of such evidence"=

50 Tran%$er o$ !a%e%0 (1) otwithstandin' anythin' in this Act #2&4the 0hief Hustice of >i'h0ourt concerned #26 4on the application of any party to the proceedin's or on the application of the.ederal overnment or a $rovincial overnment= may, if he= considers it expedient so to do in theinterest of ustice, or where the convenience or safety of the witnesses or the safety of theaccused so re uires, transfer any case from one #29 Anti-Terrorism 0ourt to another #28 Anti-Terrorism 0ourt within or outside the area"

#2! 4(1A) here it appears to the overnment that it would be in the interest of usticeor expedient for protection and safety of ud'es, witnesses or prosecutors, it may apply to the0hief Hustice of the >i'h 0ourt concerned for transfer of a case from, an Anti-terrorism 0ourtfallin' within its urisdiction to an Anti-terrorism 0ourt in any other place in $a%istan and for thispurpose shall also see% concurrence of the 0hief Hustice of the >i'h 0ourt concerned"=

(#) An #22 4Anti-Terrorism 0ourt= to which a case is transferred under sub-section (1)shall proceed with the case from the sta'e at which it was pendin' immediately before suchtransfer and it shall not be bound to recall and re-hear any witness who has 'iven evidence andmay act on the evidence already recorded #2 4

$rovided that nothin' herein contained shall affect the powers of the presidin' officer of the?pecial 0ourt to call any witness as is available under the law"=

# @4(&) The .ederal overnment may in the interest of ustice and for protection and safety

of witnesses and investi'ators, transfer the investi'ation of any case fromD one place to any otherplace in $a%istan"

(6) The investi'atin' officer or the a'ency to which case is transferred under sub-section (&), may proceed form the sta'e the in uiry or investi'ation was left or may proceed withthe case as if it had been ori'inally entrusted to him or the a'ency, as the case may be"

(9) 7n completion of investi'ation and before submission of report under section 1!& ofthe 0ode, the .ederal overnment may direct that the case fallin' in the urisdiction of a particularanti-terrorism 0ourt may be forwarded for trial to another Anti-terrorism 0ourt anywhere in$a%istan, as may be specified by the .ederal overnment in this behalf, in the public interests orfor the safety and protection of ud'es, public prosecutors or witnesses"=

91

& 5-A0 Impoundin' of passport of person char'e-sheeted under the Act" otwithstandin'anythin' contained in any oilier law for the time bein' in force, the passport of a person, who is

281 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&282 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)283 ?ubs for the *a >i'h 0ourt may, if it+ by Amendment 7rd" 3I of #@@#, dated &1-@1-#@@#"284 Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&285 ?ubs by 7rd" ;III of 1 , dated #!"@2"1 , ?"#"286 ?ubs by 7rd" ;III of 1 , dated #!"@2"1 , ?"#"287 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)288 ?ubs by 7rd" ;III of 1 , dated #!"@2"1 , ?"#"289 In section #2, in sub-section (#) the full stop at the end replaced by a colon and thereafter the proviso added by 7rdinance 7" ;III of 1

dated #!"@2"1 "290 Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)291 Inserted by Act II of #@@9 dated 11"@1"#@@9"


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accused of an offence under this Act, shall be denied to have been impounded for such period asthe 0ourt may deem fit=

90 Trial 2e$ore 9 &Anti-Terrori%" Co/rt to ha*e +re!e en!e0 A trial under this Act of anoffence by # &4Anti-Terrorism 0ourt=, and the appearance of an accused before it, shall haveprecedence over the trail of any other case the accused in any other 0ourt, except the >i'h 0ourton its ori'inal side"

? 0 Mo i$ie a++li!ation o$ !ertain +ro*i%ion% o$ the Co e0 (1) otwithstandin' anythin'contained in the 0ode or in any other law, every scheduled offence shall be deemed to be aco'nii'h0ourt+, wherever occurrin' therein, shall be construed as reference to an # 64Anti-Terrorism 0ourt=and # 94a >i'h 0ourt="# 84(&)=# ! 4(6) xxxxxxxxxxxxxxxxxx=

?10 Finalit4 o$ >/ "ent0 A ud'ment or order passed, or sentence awarded, by an # 24Anti-Terrorism 0ourt=, sub ect to the result of and appeal under this Act shall be final and shall not becalled in uestion in any 0ourt"

? 0 O*erri in e$$e!t o$ A!t0 (1) The provisions of this Act shall have effect notwithstandin'anythin' contained in the 0ode or any other law but, save as expressly provided in this Act, theprovisions of the 0ode shall, insofar as they are not inconsistent with the provisions of this Act,apply to the proceedin's before an # 4Anti-terrorism 0ourt= and for the purpose of the saidprovisions of the 0ode, an &@@4Anti-Terrorism 0ourt= shall be deemed to be 0ourt of ?essions"

(#) In particular and without pre udice to the 'enerality of the provisions contained insub-section (1), the provisions of section &9@ of the 0ode shall, as far as may be, apply to theproceedin's before an &@14Anti-Terrorism 0ourt=, and for this purpose and reference in thoseprovisions to a a'istrate shall be construed as a reference certificate to an &@#4Anti-Terrorism0ourt="

??0 #ele ation 0 The overnment may, by notification, dele'ate, sub ect to such conditionsas may be specified therein, all or any of the powers exercisable by it under this Act"

?B0 .o er to a"en the %!he /le0 The overnment may, by notification, amend the? ? 4&@64?chedule== so as to add any entry there to or modify or omit any entry therein"&@94? 0 ? @.o er to "a3e r/le% 0 The .ederal overnment or a $rovincial overnment may, bynotification in the official ai'h 0ourt,+ *a >i'h 0ourt+or the >i'h 0ourt+ substituted by 7rdinance o" ;III of 1 , ?"#"296 7mitted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1"297 7mitted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1298 ?ubs for *a ?pecial 0ourt+ by ordinance o" ;III of 1 dated #!"@2"1 "299 ?ubs by 7rd" ;III of 1 , dated #!"@2"1 , ?"# dated #!"@2"1 " ?"#300 ?ubs by 7rd" ;III of 1 , dated #!"@2"1 , ?"# dated #!"@2"1 " ?"#301 ?ubs by 7rd" ;III of 1 , dated #!"@2"1 , ?"# dated #!"@2"1 " ?"#302 ?ubs by 7rd" ;III of 1 , dated #!"@2"1 , ?"# dated #!"@2"1 " ?"#303 ?ubs by 7rd" ;;;I; of #@@1 dated 19-@2-#@@1"304 Substituted by the Anti-Terrorism (Amendment A!t" 2014 (#II o$ 2014305 ?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&306 ?ubs by 7rd" ;;I; of #@@@, dated #6-@!-#@@@"307 ?ubs by 7rd" ;III of 1 , dated #!"@2"1 " ?"#"


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? 5 &?70 Conte"+t o$ Co/rt0 (a) An Anti-Terrorism 0ourt shall have the power to punish withimprisonment for a term which may extend to six months and with fine any person who-

(a) Abuses, interferes with or obstructs the process of the 0ourt in any way or disobeysany order or direction of the 0ourt

(b) ?candali


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(f) The 0ourt of ?essions or as the case may be, any other 0ourt to which a case hasbeen transferred from the Anti-terrorism 0ourt or a ?pecial 0ourt under 0lause (d)shall try it in accordance with the provisions of the 0ode of 0riminal $rocedure,12 2 (Act 3 of 12 2), and the law applicable to such case"

B 0 A"en "ent o$ the Cri"inal ;a A"en "ent A!t, 19 5 (XIV o$ 19 5)0 In the 0riminallaw Amendment Act, 1 @2(;I3 of 1 @2), the followin' amendments shall be made, namely-

(i) In section 19 clause (#) in sub-clause (a) for the words *violence or intimidation+ the words *terrorist, stirrin' up sectarianism, violence or intimidation which endan'er orthreaten public order+ shall be substituted"

(ii) .or ?ection 18, the followin' shall be substituted namely:-*(18) Eeclaration of an association to be unlawful---(1) If either the .ederal

overnment or the $rovincial overnment is of the opinion that an association is anunlawful association it may call upon the association to show cause within fourteendays why it should not be declared as unlawful association for the purpose of thisAct"+

(#) If after hearin' the association, the .ederal overnment or the $rovincialovernment is of the opinion that the association is an unlawful association it may declare such

association to be an unlawful association"(&) If the .ederal overnment or the $rovincial overnment is of the opinion that in theinterest of the maintenance of public order or to prevent in ury to the people it is ust andnecessary to ta%e immediate action, it may, pendin' passin' of order under sub-section (#), by anad interim order, declare an association to be unlawful"

(6) An association a''rieved by an order under sub-section (#) may file an appealbefore a Coard appointed by the 0hief Hustice of the >i'h 0ourt of the $rovince consistin' of a0hairman and two other persons each of whom is or has been a Hud'e of the >i'h 0ourt"

(9) The Coard shall decide the appeal within thirty days and may pass such order as itmay deem fit"

(iii) In section 1!:

(i) In sub-section (1) for the words *six months+ the words *five years+ shall besubstituted and+(ii) In sub-section (#) for the words *three years+ the words *seven years+ shall

be substituted"(iii) n sections 1!A, 1!E and 1!5, for the words *$rovincial overnment+

wherever occurrin' the words +.ederal overnment or the $rovincialovernment+ shall be substituted"

?11 &THE FIRST SCHE# ;E(Kist of $rescribed 7r'ani


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(i Abduction or %idnappin' for ransom

(ii use of fire-arms or explosives by any device, includin' "bomb blast in amos ue, imambar'ah, church, temple or any other place of worship, whether or notany hurt or dama'e is caused thereby or

(iii firin' or use of explosives by any device, includin' bomb blast in the 0ourtpremises =

(i' &1&4>urt caused by corrosive substance or attempt to cause hurt by means ofa corrosive substance and

(' Lnlawful possession of an explosive substance or abetment for such anoffence under the 5xplosive ?ubstances Act, 1 @2 (3I of 1 @2)=

-------------------------------------?1BTHE FO RTH SCHE# ;E

&?ee ?ection 1 1-55="

&194THE FIFTH SCHE# ;E4see section 8(&A)=

(% 0onvention for the ?uppression of Lnlawful ?eia'ueon the 18 th Eecember, 1 !@

(b 0onvention for the ?uppression of Lnlawful acts a'ainst the ?afety 0onvention onthe $revention and $unishment of 0rimes a'ainst Internationally $rotected $ersons,includin' diplomatic A'ents, adopted by the eneral Assembly of the Lnited ationson the 16 th Eecember, 1 !&

(! 0onvention on the $revention and $unishment of 0rimes a'ainst Internationally$rotected $ersons, includin' diplomatic A'ents, adopted by the eneral Assemblyof the Lnited ations on the 16 th Eecember, 1 !&

(d International 0onvention a'ainst the Ta%in' of >osta'es, adopted by the eneralAssembly of the Lnited ations on the 1! th Eecember, 1 ! "

(e $rotocol for the ?uppression of Lnlawful Acts of 3iolence at Airports ?ervin'International 0ivil Aviation, supplementary to the 0onvention for the suppression ofLnlawful Acts a'ainst the ?afety of 0ivil Aviation, done at ontreal on the #6 th

.ebruary, 1 22

($ 0onvention for the suppression of Lnlawful Acts a'ainst the ?afety of aritimeavi'ation, done at /ome on the 1@ th arch, 1 22

( $rotocol for the ?uppression of Lnlawful Acts a'ainst the ?afety of .ixed $latformslocated on the 0ontinents ?helf, done at /ome on the 1@ th arch, 1 22

(h International 0onvention for the ?uppression of Terrorist Combin's, adopted by theeneral Assembly of the Lnited ations at ew or% on the 19 th Eecember, 1 !

and

(i ?uch other convention as may be specified by the .ederal overnment bynotification in the official a

Documents

The Anti-terrorism Act_ 1997.Doc