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Report No. 173

37. Protection of action taken in good faith and punishment for corruptly or maliciously proceeding against any person under this Act.-

(1) No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer or authority of the Central Government or State Government or any other authority on whom powers have been conferred under this Act, for anything which is in good faith done or purported to be done in pursuance of this Act:

Provided further that no suit, prosecution or other legal proceedings shall lie against any serving member or retired member of the Armed Forces or other para-military forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism.

(2) Any police officer exercising powers under this Act, who knows that there are no reasonable grounds for proceeding under this Act and yet corruptly or maliciously proceeds against any person, for an offence under this Act, shall be punishable with imprisonment which may extend to two years, or with fine, or with both.

38. In any proceedings under this Act, if the Special Court is of opinion that any person has been corruptly or maliciously proceeded against, the court may award such compensation as it deems fit to the person, to be paid by the officer, person, authority or Government, as may be specified in the order.

Report on Prevention of Terrorism Bill, 2000 Back

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