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THE SAARC CONVENTION (SUPPRESSION OF TERRORISM) ACT, 1993


Published: 1993-04-26

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THE SAARC CONVENTION (SUPPRESSION OF TERRORISM) ACT, 1993

NO. 36 OF 1993

[26th April, 1993



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:-





1.

Short title, extent and application.



1.Short title, extent and application. (1) This Act may be called

the SAARC Convention (Suppression of Terrorism) Act, 1993.



(2) It extends to the whole of India and, subject to the

provisions of section 6, it applies also to any offence under this Act

committed outside India by any person.







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2.

Definitions.



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.



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.



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.



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 consi-

dered to be an offence of a political character.









6.

Offences committed outside India.



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.



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).





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8.

Protection of action taken in good faith.



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.







4



SCHE

[See section 2 (a) ]



THE SCHEDULE



[See section 2(a)]



SAARC REGIONAL CONVENTION ON SUPPRESSION OF TERRORISM



THE MEMBER STATES OF THE SOUTH ASIAN ASSOCIATION FOR REGIONAL

COOPERATION (SAARC)



MINDFUL of the principles of cooperation enshrined in the SAARC

Charter;



RECALLING that at the Dhaka Summit on December 7-8, 1985, the

Heads of State or Government of the member States of the SAARC

recognised the seriousness of the problem of terrorism as it affects

the security and stability of the region;



ALSO RECALLING the Bangalore Summit Declaration of 17th November,

1986, in which the Heads of State or Government of SAARC, agreed that

cooperation among SAARC States was vital if terrorism was to be pre-

vented and eliminated from the region; unequivocally condemned all

acts, methods and practices of terrorism as criminal and deplored

their impact on life and property, socioeconomic development,

political stability, regional and international peace and

cooperation; and recognised the importance of the principles laid down

in UN Resolution 262 (XXV) which among others required that each

State should refrain from organising, instigating, assisting or

participating in acts of civil strife or terrorist acts in another

State or acquiescing in organised activities within its territory

directed towards the commission of such acts;



AWARE of the danger posed by the spread of terrorism and its

harmful effect on peace, cooperation, friendship and good neighbourly

relations and which could also jeopardise the sovereignty and

territorial integrity of States;



HAVE RESOLVED to take effective measures to ensure that

perpetrators of terroristic acts do not escape prosecution and

punishment by providing for their extradition or prosecution, and to

this end;





HAVE AGREED as follows:-





ARTICLE I



Subject to the overall requirements of the law of extradition,

conduct constituting any of the following offences, according to the

law of the Contracting State, shall be regarded as terroristic and for

the purpose of extradition shall not be regarded as a political

offence or as





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an offence connected With a political offence or as an offence

inspired by political motives:-







(a) an offence within the scope of the Convention for the

Suppression of Unlawful Seizure of Aircraft, signed at the

Hauge, on December 16, 1970;



(b) an offence within the scope of the Convention for the

Suppression of Unlawful Acts against the Safety of Civil

Aviation, signed at Montreal, on September 23, 1971;



(c) an offence within the scope of the Convention on the

Prevention and Punishment of Crimes against Internationally

Protected Persons, including Diplomatic Agents, signed at New

York, on December 14, 1973;



(d) an offence within the scope of any Convention to which

the SAARC member States concerned are parties and which

obliges the parties to prosecute or grant extradition;



(e) murder, manslaughter, assault causing bodily harm, kid-

napping hostage-taking and offences. relating to firearms,

weapons, explosives and dangerous substances when used as a

means to perpetrate indiscriminate violence involving death

or serious bodily injury to persons or serious damage to

property;



(f) an attempt or conspiracy to commit an offence described

in sub-paragraphs (a) to (e), aiding, abetting or counselling

the commission of such an offence or participating as an

accomplice in the offences so described.





ARTICLE II



For the purpose of extradition between SAARC member States, any

two or more Contracting States may, by agreement, decide to include

any other serious offence involving violence, which shall not be

regarded as a political offence, or in offence connected with a

political offence or an offence inspired by political motives.



ARTICLE III





1. The provisions of all extradition treaties and arrangements

applicable between Contracting States are hereby amended as between

Contracting States to the extent that they are incompatible with this

Convention.



2. For the purpose of this Convention and to the extent that

any offence referred to in Article I or agreed to in terms of Article

II in not listed as an extraditable offence in any extradition treaty

existing between Contracting States, it shall be deemed to be included

as such therein.



3. Contracting States undertake to include these offences as

extraditable offences in any future extradition treaty to be concluded

between them.





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4. If a Contracting State which makes extradition conditional

on the existence of a treaty receives a request for extradition from

another Contracting State with which it has no extradition treaty, the

requested State may, at its option, consider this Convention as the

basis for extradition in respect of the offences set forth in Article

I or agreed to in terms of Article II. Extradition shall be subject

to the law of the requested State



5. Contracting States which do not make extradition conditional

on the existence of a treaty, shall recognise the offences set forth

in Article I or agreed to in terms of Article II as extraditable

offences between themselves, subject to the law of the requested

State.





ARTICLE IV



A Contracting State in whose territory a person suspected of

having committed an offence referred to in Article I or agreed to in

terms of Article II is found and which has received a request for

extradition from another Contracting State, shall, if it does not

extradite that person, submit the case without exception and without

delay, to its competent authorities, so that prosecution may be

considered. These authorities shall take their decisions in the same

manner as in the case of any offence of a serious nature under the law

of that State.



ARTICLE V



For the purpose of Article IV, each Contracting State may take

such measures as it deems appropriate, consistent with its national

laws, subject to reciprocity, to exercise its jurisdiction in the case

of an offence under Article I or agreed to in terms of Article II.





ARTICLE VI



A Contracting State in whose territory an alleged offender is

found, shall, upon receiving a request for extradition from another

Contracting State, take appropriate measures, subject to its national

laws, so as to ensure his presence for purposes of extradition or

prosecution. Such measures shall immediately be notified to the

requesting State.



ARTICLE VII



Contracting States shall not be obliged to extradite, if it

appears to the requested State that by reason of the trivial nature

of the case or by reason of the request for the surrender or return of

a fugitive lender not being made in good faith or in the interests of

justice or for any other reason it is unjust or inexpedient to

surrender or return the fugitive offender.





ARTICLE VIII



1. Contracting States shall, subject to their national laws,

afford one another the greatest measure of mutual assistance in

connection with proceedings brought in respect of the offences

referred to in Article I or agreed to in terms of Article II including

the supply of all evidence at their disposal necessary for the

proceedings.







7







2. Contracting States shall cooperate among themselves, to the

extent permitted by their national laws, through consultations between

appropriate agencies, exchange of information, intelligence and

expertise and such other cooperative measures as may be appropriate,

with a view to preventing terroristic activities through precautionary

measures,



ARTICLE IX





1. The Convention shall be open for signature by the member

States of SAARC at the SAARC Secretariat in Kathmandu.



2. It shall be subject to ratification. Instruments of

ratification shall be deposited with the Secretary-General of SAARC.





ARTICLE X



This Convention shall enter into force on the fifteenth day

following the date of the deposit of the seventh Instrument of

Ratification with the Secretary-General of SAARC.





ARTICLE XI



The Secretary-General of SAARC shall be the depository of this

Convention and shall notify member States of signatures to this

Convention and all deposits of Instruments of Ratification. The

Secretary General, shall transmit certified copies of such Instruments

to each member State. The Secretary-General shall also inform member

States of the date on which this Convention will have entered into

force in accordance with Article X.





IN WITNESS WHEREOF the undersigned, being duly authorised

thereto by their respective Governments, have signed this Convention.





DONE at Kathmandu on this fourth day of November one thousand nine

hundred and eighty-seven, in eight originals, in the English language,

all texts being equally authentic.