Amendment status not verified — confirm the current text below against the official source.
Notwithstanding anything contained in the Code or in any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of any other law shall be admissibte as evidence against the accused in'the Court during the trial ofacase: Provided that the contents of any wire, electronic or oral communication intercepted or evidence derived therefrom shall not be received in evidence or otherwise disciosed in any trial, hearing or other proceeding.in any Court unless each accused has been fumished, not less than ten days before the trial, hearing or proceeding, with a copy of the order of the relevantAuthority, under which the interception was authorised or approved: IPART IV 36 of 1963. Provided further that the period of ten days may be waived by the judge trying the offence, if he comes to the conclusion that it was not possible - to furnish the accused with the aforesaid information ten days before the trial, in receiving such info ation" competent authority under any law ielating to preventive detention subject to the order, if any, of any competent court: or (b) on any previous occasion prosecuted er the provisions ofthis Act."" (2) Where it is proved that any person involved in any terrorist act or an " organised crime or any person on his behalf is or has it uny time been in ces have een acquired or derived by his iilegal activities" person, the Special Co shall pr rorr872" 16. (1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made b a person before a police officer not below the rank of the Superintendent of Police, or for the areas where the Commissioner of Police is appointed by the State Gove ent, before a police officer not below the rank of the be reproduced, shall be admissible in the trial of such accused, co-accused, abettor or conspirator for ari offence under the provisions of this Act: Provided that the co-accused, abettor or conspirator is charge-sheeted and tried in the same case together with the accused. . (2) The confession made under sub-section (1) shall be recorded in the atmosphere free from threat and inducement and shall be in the same language in which the person makes it. (3) The Police officer shall, before recording any confession by the person .under sub-section (1), explain to such person that he is not bound to make a confession and that, if he does so, it may be used as evidence against him: Provided that such police officer shall not record any such confession unless, upon questioning the person making it, he is satisfied that the confession is being made voluntarily- (4) The concernetl police offtcer shall, after recording such voluntary satisfaction ofthe volunt char and time of the same. (5) Every confession recorded under sub-section (l) shall be sent in - original forthwith to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the area in which such eonfession has been so received to the Special Co which may take cognizance of the offencb. (6) The person from whom a confession has been recorded under sub- section (1) shall be produced, within foffy-eight hours, before the chief Metropolitan Magishate or the chief Judicial Magistrate to whom the confession is required to be sent under sub-section (5), alongwith the statement of'confession, written or recorded on mechanical or ilectronic tempered with in anyway" Certain confessions made to police officer to be taken into consid eration. 25-8 Protection of witnesses" l\ttachment and forfeiture o,f property. GUJARAT GOVERNMENT GAZETTE, EX., O5-11-2019 (7) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate shall, record the state nt, if any, made by the accused so produced and get his signature or thumb impression and if there is any complaint of torture, the accused shall be directed to be produced for medical examination before Civil S eon. 17" (1) Notwithst ing anything contained in the Code, the proceedings under this Act may be held in camer4 if the Special Court so desires" (2) A Special Court, on an application made by a witness in any proeeeding before it or by the Public Prosecutor in relation to such witness or on its own motion, is satisfied that life of such witriress is in danger, it may take such measures as it deems fit for keeping secret the identity and address of any witness" (3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures ich a Special Court may take under that sub-section may include -' (a) the holding of the proceedings at a place to be decided'by " the Special Court; (b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgements or in any records of the . case accessible to public; (c) the issuing of any directions for secuting that the identity and addresses of the witnesses are not disclosed; (d) a decision that it is in the public interest to order that. all or any of the proceedings pending before sueh a court shall not b'e published in anY manner. (4) Any person who conhavenes any decision or direction issued under sub-section (3) shall be punishable with imprisoirment for a term which may extend to one year and with fine which may extend to one thousand rupees. L8. (1) No person ,rrat nota or be in possession of any proceeds of any terrorist act or organised crime" @ If an offrcer, investigating an offence iommitted under this Act, has reason to believe that any property in relbtion to which an investigation is being conducted, represents proceeds of any tenorist act or organised crime, order seizing such prope movable or immovable or both, and where it is not such property shall not be transferred or otherwise dealt with except with the prior p - ission of the offtcer making such order or, as the case may be, the Speciat Co and a copy of such order shall be served on the person concerned" (3) The investigating offrcer shall duly inform the Special Court, within fo -eight hor.us of the seizure or atiachment of such property. (4) It shall be o en to the Speeial Court either to confirm or revoke'the order of seizure or attachment made der sub-section (2): [PART IV PA. rvl 25-9 Provided that the Special Court shall not pass an order unless an opportunity (5) (a) If, upon a report in writing made by an investigating officer, the Special Court has reason to believe that any person who has committed an offence punishable under this Act has absconded or is concealing himself so that he may not be apprehended, the Special court may, notwithstanding hing contained in section 82 of the code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the publication of such proclamation: Provided that the investigating officer shall not make a report to the Special Court for issuing the proclamation until he tried and failed to arrest the accused who has absconded or is concealing himself, within a period of three months from the date of registering the offence against such person. (b) The Special Court issuing a proclamation under clause (a) may, at any time, pass an order for attachment of properly, movable or immovable or both belonging to such accused and thereupon the provisions ofsections 83 to 85 of the Code shall apply to such attachment. (c) Ifthe accused fails to appear before a Special Court as specified in the proclamation within a period of three months from the date of publication of proclamation, the Special Court shall pass an order for forfeiture of such properly free from all encumbrances. (d) If within a period of six months from the date of forfeiture of property under clause (o), the accused whose property has been forfeited, appe voluntarily before the Special Court and proves to the satisfaction of the Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not reeeived such notice of proclamation, the Special Court may pass an order for revoking the order-of forfeiture of such propeffy. (6) Where the accused has been convicted of any offence punishable under this Act the Special Court may, in addition to awarding any punishment by order in writing, declare that any properly, movable or immovable or both belonging to the accused and specified in the order shall stand forfeited to the State Government free from all encumbrances. Explanation.- For the purpose of this section "proceeds of any terrorist act or organised crime" means all kind of properties which have been derived or obtained from commission of any terrorist act or organised crime or have been acquired through funds haceable to any terrorist act or organised crime and shall include cash, irrespective of person in whose name such proceeds standing or in whose possession they found.