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The Prevention of Terrorism Act, 2002

45. Admissibility of evidence collected through the interception of communications.-

Notwithstanding anything 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 this Chapter shall be admissible as evidence against the accused in the Court during the trial of a case: Provided that, the contents of any wire, electronic or oral communication intercepted pursuant to this Chapter or evidence derived there from shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court u less each accused has been furnished with a copy of the order of the Competent Authority, and accompanying application, under which the interception was authorised or approved not less than ten days before trial, hearing or proceeding: Provided further that, the period of ten days may be waived by the judge trying the matter, if he comes to the conclusion that it was not possible to furnish the accused with the above information ten days before the trial, hearing or proceeding and that the accused will not be prejudiced by the delay in receiving such information.

Prevention of Terrorism Act, 2002 Back

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