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Report No. 173

Chapter IV

Part I of The Criminal Law Amendment Bill

Part I contains only two clauses. Clause 1 provides for the title and the extent of the Act. In our opinion the short title of the Bill should be the Prevention of Terrorism Bill, 2000.

Sub-clause (2) and sub-clause (3) as proposed by the Official Amendments, in our opinion, requires no change. Clauses 2 defines certain expressions occurring in the Bill. In the original Bill, there were only five definitions with the residuary clause saying that words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure (Cr.P.C.) shall have the meanings respectively assigned to them in the Code. We propose to define under clause (b) the term `proceeds of terrorism' as explained under paragraph 5.13.3 of the Working Paper (Annexure I).

By Official Amendments, however, two new definitions are sought to be introduced, namely, the definition of "High Court" and "Public Prosecutor" by way of paragraphs (ba) and (ca). With respect to the definition of the expression "High Court", it was pointed out in our Working Paper that the purpose behind this definition was not clear. It was pointed out that if the intention behind the said definition was to empower a judge of a special court to continue to try a matter which he may have been trying as a special judge, even after his elevation to High Court, then it would be appropriate to provide expressly for such a situation.

If that is not the intention, the definition is unnecessary inasmuch as the said expression is already defined by clause (e) of section 2 of the Code of Criminal Procedure. We have been unable to find any provision in the Bill which says that a special judge trying a particular case shall continue to try it till its conclusion even if he is elevated to the High Court in the midst of a trial. According to us, therefore, either the said definition be dropped or may be appropriately defined to achieve the intention underlying it. So far as the new definition of public prosecutor is concerned, we have nothing to add.



Report on Prevention of Terrorism Bill, 2000 Back




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