The SAARC Convention (Suppression of
Terrorism) Act, 1993
Enactment Date: [26th April 1993]
Act Objective: 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:
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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.
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.
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.
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.
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.
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).
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.
THE SCHEDULE
SAARC
REGIONAL CONVENTION ON SUPPRESSION OF TERRORISM
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