Procedure in respect of letter of request.
Every letter of
request, summons or warrant, received by the Central Government from and every
letter of request, summons or warrant, to be transmitted to a contracting State
under this Chapter shall be transmitted to a contracting State or, as the case
may be, sent to the concerned Court in India and in such form and in such
manner as the Central Government may, by notification, specify in this behalf.
Punishment for vexatious search.
Any authority or
officer exercising powers under this Act or any rules made thereunder, who,
without reasons recorded in writing,—
(a) searches or causes to be searched any building or place;
or
(b) detains or searches
or arrests any person,shall for every such offence be liable on conviction for
imprisonment for a term which may extend to two years or fine which may extend
to fifty thousand rupees or both.
Punishment for false information or failure to give information,
etc.
(1) Any person wilfully and
maliciously giving false information and so causing an arrest or a search to be
made under this Act shall on conviction be liable for imprisonment for a term
which may extend to two years or with fine which may extend to fifty thousand
rupees or both.
(2) If any person,—
(a) being legally bound to
state the truth of any matter relating to an offence under section 3, refuses
to answer any question put to him by an authority in the exercise of its powers
under this Act; or
(b) refuses to sign any
statement made by him in the course of any proceedings under this Act, which an
authority may legally require to sign; or
(c) to whom a summon is
issued under section 50 either to attend to give evidence or produce books of
account or other documents at a certain place and time, omits to attend or
produce books of account or documents at the place or time, he shall pay, by
way of penalty, a sum which shall not be less than five hundred rupees but
which may extend to ten thousand rupees for each such default or failure.
(3) No order under this
section shall be passed by an authority referred to in sub-section (2) unless
the person on whom the penalty is proposed to be imposed is given an
opportunity of being heard in the matter by such authority.
(1) No court shall take
cognizance of any offence under section 62 or sub-section (1) of section 63
except with the previous sanction of the Central Government.
(2) The Central Government
shall, by an order either give sanction or refuse to give sanction within ninety
days of the receipt of the request in this behalf.
Code of Criminal Procedure, 1973 to apply.
The provisions
of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far as
they are not inconsistent with the provisions of this Act, to arrest, search
and seizure, attachment, confiscation, investigation, prosecution and all other
proceedings under this Act.
The Director or
any other authority specified by him by a general or special order in this
behalf may furnish or cause to be furnished to—
(i) any officer,
authority or body performing any functions under any law relating to imposition
of any tax, duty or cess or to dealings in foreign exchange, or prevention of
illicit traffic in the narcotic drugs and psychotropic substances under the
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
(ii) such other officer,
authority or body performing functions under any other law as the Central
Government may, if in its opinion it is necessary so to do in the public
interest, specify, by notification in the Official Gazette, in this behalf, any
information received or obtained by such Director or any other authority,
specified by him in the performance of their functions under this Act, as may,
in the opinion of the Director or the other authority, so specified by him, be
necessary for the purpose of the officer, authority or body specified in clause
(i) or clause (ii) to perform his or its functions under that law.
No suit shall be
brought in any civil court to set aside or modify any proceeding taken or order
made under this Act and no prosecution, suit or other proceeding shall lie
against the Government or any officer of the Government for anything done or
intended to be done in good faith under this Act.
Notice, etc., not to be invalid on certain grounds.
No notice,
summons, order, document or other proceeding, furnished or made or issued or
taken or purported to have been furnished or made or issued or taken in
pursuance of any of the provisions of this Act shall be invalid, or shall be
deemed to be invalid merely by reason of any mistake, defect or omission in
such notice, summons, order, document or other proceeding if such notice,
summons, order, document or other proceeding is in substance and effect in
conformity with or according to the intent and purpose of this Act.
Where any fine
imposed on any person under section 13 or section 63 is not paid within six
months from the day of imposition of fine, the Director or any other officer
authorised by him in this behalf may proceed to recover the amount from the
said person in the same manner as prescribed in Schedule II of the Income-tax
Act, 1961 (43 of 1961) for the recovery of arrears and he or any officer
authorised by him in this behalf shall have all the powers of the Tax Recovery
Officer mentioned in the said Schedule for the said purpose.
(1) Where a person committing
a contravention of any of the provisions of this Act or of any rule, direction
or order made thereunder is a company, every person who, at the time the
contravention was committed, was in charge of, and was responsible to the
company, for the conduct of the business of the company as well as the company,
shall be deemed to be guilty of the contravention and shall be liable to be
proceeded against and punished accordingly :
Provided that nothing contained in
this sub-section shall render any such person liable to punishment if he proves
that the contravention took place without his knowledge or that he exercised
all due diligence to prevent such contravention.
(2) Notwithstanding anything
contained in sub-section (1), where a contravention of any of the provisions of
this Act or of any rule, direction or order made thereunder has been committed
by a company and it is proved that the contravention has taken place with the
consent or connivance of, or is attributable to any neglect on the part of any
director, manager, secretary or other officer of any company, such director,
manager, secretary or other officer shall also be deemed to be guilty of the
contravention and shall be liable to be proceeded against and punished
accordingly.
Explanation.—For the purposes of this section,—
(i) “company” means any
body corporate and includes a firm or other association of individuals; and
(ii) “director”,
in relation to a firm, means a partner in the firm.
Act to have overriding effect.
The provisions
of this Act shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force.
Continuation of proceedings in the event of death or insolvency.
(1) Where—
(a) any property of a person
has been attached under section 8 and no appeal against the order attaching
such property has been preferred; or
(b) any
appeal has been preferred to the Appellate Tribunal, and—
(i) in a case referred to
in clause (a), such person dies or is adjudicated an insolvent before
preferring an appeal to the Appellate Tribunal; or
(ii) in a case referred to
in clause (b), such person dies or is adjudicated an insolvent during the
pendency of the appeal, then, it shall be lawful for the legal representatives
of such person or the official assignee or the official receiver, as the case
may be, to prefer an appeal to the Appellate Tribunal or as the case may be, to
continue the appeal before the Appellate Tribunal, in place of such person and
the provisions of section 26 shall, so far as may be, apply, or continue to
apply, to such appeal.
(2) Where—
(a) after passing of a
decision or order by the Appellate Tribunal, no appeal has been preferred to
the High Court under section 42; or
(b) any
such appeal has been preferred to the High Court,—
then—
(i) in a case referred to
in clause (a), the person entitled to file the appeal dies or is adjudicated an
insolvent before preferring an appeal to the High Court, or
(ii) in a case referred to
in clause (b), the person who had filed the appeal dies or is adjudicated an
insolvent during the pendency of the appeal before the High Court,
then, it shall
be lawful for the legal representatives of such person, or the official
assignee or the official receiver, as the case may be, to prefer an appeal to
the High Court or to continue the appeal before the High Court in place of such
person and the provision of section 42 shall, so far as may be, apply, or
continue to apply to such appeal.
(3) The powers of the
official assignee or the official receiver under sub-section (1) or sub-section
(2) shall be exercised by him subject to the provisions of the Presidency-towns
Insolvency Act, 1909 (3 of 1909) or the Provincial Insolvency Act, 1920 (5 of
1920), as the case may be.
(1) The Central Government
may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and
without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely :—
(a) the
form in which records referred to in this Act may be maintained;
(b) the manner in which the
order and the material referred to in sub-section (2) of section 5 to be
maintained;
(c) matters
in respect of experience of Members under sub-section (3) of section 6;
(d) the salaries and
allowances payable to and other terms and conditions of service of Members of
the Adjudicating Authority under sub-section (9) of section 6;
(e) the salaries and
allowances payable to and other terms and conditions of service of the officers
and employees of the Adjudicating Authority under sub-section (3) of section 7;
(f) the manner in which and
the conditions subject to which the properties confiscated may be received and
managed under sub-section (2) of section 10;
(g) the additional matters in
respect of which the Adjudicating Authority may exercise the powers of a civil
court under clause (f) of sub-section (1) of section 11;
(h) the nature and value of
transactions in respect of which records shall be maintained under clause (a)
of sub-section (1) of section 12;
(i) the time within which
the information of transactions under clause (b) of sub-section (1) of section
12 shall be furnished;
(j) the manner in which
records shall be verified and maintained by banking companies, financial
institutions and intermediaries under clause (c) of sub-section (1) of section
12;
(k) the procedure and the
manner of maintaining and furnishing information under sub-section (1) of
section 12 as required under section 15;
(l) the manner in which the
reasons and the material referred to in sub-section (2) of section 16 shall be
maintained;
(m) the
rules relating to search and seizure under sub-section (1) of section 17;
(n) the manner in which the
reasons and the material referred to in sub-section (2) of section 17 shall be
maintained;
(o) the manner in which the
reasons and the material referred to in sub-section (2) of section 18 shall be
maintained;
(p) the manner in which the
order and the material referred to in sub-section (2) of section 19 shall be
maintained;
(q) the manner in which
records authenticated outside India may be received under sub-section (2) of
section 22;
(r) the
form of appeal and the fee for filing such appeal, under sub-section (3) of
section 26;
(s) the salary and
allowances payable to and the other terms and conditions of service of the
Chairperson and other Members of the Appellate Tribunal under section 30;
(t) the salaries and
allowances and the conditions of service of the officers and employees of the
Appellate Tribunal under sub-section (3) of section 34;
(u) the additional matters
in respect of which the Appellate Tribunal may exercise the powers of a civil
court under clause (i) of sub-section (2) of section 35;
(v) the additional matters
in respect of which the authorities may exercise powers of a civil court under
clause (f) of sub-section (1) of section 50;
(w) the rules relating to
impounding and custody of records under sub-section (5) of section 50;
(x) any
other matter which is required to be, or may be, prescribed.
Rules to be laid before Parliament.
Every rule made
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 rule or both Houses agree that the rule should not be made, the 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 rule.
(1) If any difficulty arises
in giving effect to the provisions of this Act, the Central Government may, by
order, published in the Official Gazette, make such provisions not inconsistent
with the provisions of this Act as may appear to be necessary for removing the
difficulty :
Provided that no order shall be made
under this section after the expiry of two years from the commencement of this
Act.
(2) Every
order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
[See section 2(y)]
Offences under the Indian Penal Code
Section
|
Description
of offence |
|
121 |
Waging, or attempting to wage war or
abetting waging of war, against the Government of India. |
|
121A |
Conspiracy to commit offences
punishable by section 121 against the State. |
Offences under the Narcotic Drugs and
Psychotropic Substances Act, 1985
Section
|
Description
of offence |
|
15 |
Contravention in relation to poppy
straw. |
|
18 |
Contravention in relation to opium
poppy and opium. |
|
20 |
Contravention in relation to cannabis
plant and cannabis. |
|
22 |
Contravention in relation to
psychotropic substances. |
|
23 |
Illegal import into India, export from
India or transhipment of narcotic drugs and psychotropic substances. |
|
24 |
External dealings in narcotic drugs and
psychotropic substances in contravention of section 12 of the Narcotic Drugs
and Psychotropic Substances Act, 1985. |
|
25A |
Contravention of orders made under
section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985. |
|
27A |
Financing illicit traffic and
harbouring offenders. |
|
29 |
Abetment and criminal conspiracy. |
Section
|
Description of offence |
|
302 |
Murder. |
|
304 |
Culpable homicide not amounting to
murder, if act by which the death is caused is done with the intention of
causing death. |
|
307 |
Attempt to murder. |
|
308 |
Attempt to commit culpable homicide. |
|
327 |
Voluntary causing hurt to extort
property, or a valuable security, or to constrain to do anything which is
illegal or which may facilitate the commission of the offence. |
|
329 |
Voluntary causing grievous hurt to
extort property, or a valuable security, or to constrain to do anything which
is illegal or which may facilitate the commission of the offence. |
|
364A |
Kidnapping for ransom, etc. |
|
384 to 389 |
Offences relating to extortion. |
|
392 to 402 |
Offences relating to robbery and
dacoity. |
|
467 |
Forgery of a valuable security, will or
authority to make or transfer any valuable security, or to receive any money,
etc. |
|
489A |
Counterfeiting currency notes or bank
notes. |
|
489B |
Using as genuine, forged or counterfeit
currency notes or bank notes. |
Paragraph 2
Offences
under the Arms Act, 1959
Section
|
Description
of offence |
|
25 |
To manufacture, sell, transfer,
convert, repair or test or prove or expose or offer for sale or transfer or
have in his possession for sale, transfer, conversion, repair, test or proof,
any arms or ammunition in contravention of section 5 of the Arms Act, 1959. |
|
|
To acquire, have in possession or carry
any prohibited arms or prohibited ammunition in contravention of section 7 of
the Arms Act, 1959. |
|
|
Contravention of section 24A of the
Arms Act, 1959 relating to prohibition as to possession of notified arms in
disturbed areas, etc. |
|
|
Contravention of section 24B of the
Arms Act, 1959 relating to prohibition as to carrying of notified arms in or
through public places in disturbed areas. |
|
|
Other offences specified in section 25. |
|
26 |
To do any act in contravention of any
provisions of section 3, 4, 10 or 12 of the Arms Act, 1959 in such manner as
specified in sub-section (1) of section 26 of the said Act. |
|
|
To do any act in contravention of any
provisions of section 5, 6, 7 or 11 of the Arms Act, 1959 in such manner as
specified in sub-section (2) of section 26 of the said Act. |
|
|
Other offences specified in section 26. |
|
27 |
Use of arms or ammunitions in
contravention of section 5 or use of any arms or ammunition in contravention
of section 7 of the Arms Act, 1959. |
|
28 |
Use and possession of fire arms or
imitation fire arms in certain cases. |
|
29 |
Knowingly purchasing arms from
unlicensed person or for delivering arms, etc., to person not entitled to
possess the same. |
|
30 |
Contravention of any condition of a
licence or any provisions of the Arms Act, 1959 or any rule made thereunder. |
Paragraph 3
Offences
under the Wild Life (Protection) Act, 1972
|
Section |
Description of offence |
|
51 |
Contravention of provisions of section
17A relating to prohibition |
|
read with section
17A |
of picking, uprooting, etc., of
specified plants. |
|
51 |
Contravention of provisions of section
39 relating to wild animals, |
|
read with section
39 |
etc., to be Government property. |
|
51 |
Contravention of provisions of section
44 relating to dealings in |
|
read with section
44 |
trophy and animal articles without
licence prohibited. |
|
51 |
Contravention of provisions of section
48 relating to purchase of |
|
read with section
48 |
animal, etc., by licensee. |
|
51 |
Contravention of provisions of section
49B relating to prohibition |
|
read with section
49B |
of dealings in trophies, animal
articles, etc., derived from scheduled animals. |
Paragraph 4
Offences
under the Immoral Traffic (Prevention) Act, 1956
Section
|
Description
of offence |
|
5 |
Procuring, inducing or taking person
for the sake of prostitution. |
|
6 |
Detaining a person in premises where
prostitution is carried on. |
|
8 |
Seducing or Soliciting for purpose of
prostitution. |
|
9 |
Seduction of a person in custody. |
Paragraph 5
Offences
under the Prevention of Corruption Act, 1988
Section
|
Description
of offence |
|
7 |
Public servant taking gratification
other than legal remuneration in respect of an official Act. |
|
8 |
Taking gratification in order, by
corrupt or illegal means, to influence public servant. |
|
9 |
Taking gratification for exercise of
personal influence, with public servant. |
|
10 |
Abetment
by public servant of offences defined in section 8 or section 9 of the
Prevention of Corruption Act, 1988. |