Police, Law Enforcement and Policing in India

Law Library

Law pertaining to the Police administration can safely sub- divided in the following sections. In this Page, we shall discuss mainly the General view of the System, Police Organisation , General laws in connection with the establishment and maintenance of Law & order by police.  

Police Law in India

♣ Investigation by Police [ click]

Supreme Court Directions on Police [Click]

Prosecution Tracking [Click]

♠ Crime By Police Officer in the garb of ‘Duty'[Click]

Ο Restoration of peace  and reporting to Executive Magistrate[Click]

Law and Order Maintenance 

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MINISTRY OF HOME AFFAIRS

Who is Police

The First Police Commission, appointed on 17 August 1865, contained detailed guidelines for the desired system of police in India and defined the police as a governmental department to maintain order, enforce the law, and to prevent and detect crime.

The word “police” shall include all persons who shall be enrolled under Police Act 1861.

The Indian Police Service( IPS officers) is not a force itself but a service providing leaders and commanders to staff the state police and all-India Central Armed Police Forces. Its members are the senior officers of the police. IPS officers can be appointed in autonomous organizations/ sub-ordinate organizations/ PSUs/ UN Organizations/ International Organizations in various capacities. They can also serve as Personal Secretaries to Ministers in Central Government. A large number of senior posts in Central Armed Paramilitary Forces (viz, CRPF, CISF, BSF, SSB, ITBP, NSG), besides CBI, IB, RAW, etc are manned by IPS officers.

The Police Act 1861

Article 246 of the Constitution of India places the police, public order, courts, prisons, reformatories, borstal and other allied institutions in the State List of 7th schedule.

Key Ideas under the Act

The word “police” shall include all persons who shall be enrolled under this Act.

The superintendence of the police throughout a general police-district shall vest in and shall be exercised by the State Government to which such district is subordinate; and except as authorized under the provisions of this Act, no person, officer, or Court shall be empowered by the State Government to supersede, or control any police functionary

Appointment, dismissal, etc., of inferior officers.– Subject to the provisions of article 311 of the Constitution, and to such rules as the State Government may from time to time make under this Act, the Inspector General, Deputy Inspectors-General, Assistant Inspector-General and District Superintendents of Police may at any time dismiss, suspend or reduce any police-officer of the subordinate ranks whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same; or may award any one or more of the following punishments to any police officer of the subordinate ranks who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, namely :- (a) fine to any amount not exceeding one month’s pay; (b) confinement to quarters for a term not exceeding fifteen days, with or without punishment-drill, extra guard, fatigue or other duty; (c) deprivation of good-conduct pay; (d) removal from any office of distinction or special emolument.

Private deployment of Police-Additional police-officers  can be employed at cost of Private individual

Police-officers always on duty and may be employed in any part of district

Duties of police-officers( s-23)–It shall be the duty of every police-officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists; and it shall be lawful for every police officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking-shop, gaming-house or other place of resort of loose and disorderly characters.

  • Police-officers to keep diary–It shall be the duty of every officer in charge of a police-station to keep a general diary(GD) in such form shall, from time to time, be prescribed by the State Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined. The Magistrate of the district shall be at liberty to call for and inspect such diary.
  • U/S 31 Police to keep order on public roads, etc.–It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing-places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place may be thronged or may be liable to be obstructed.

Police-officer may lay information (s-24) etc.–It shall be lawful for any police officer to lay any information before a Magistrate (judicial), and to apply for a summons, warrant, search warrant or such other legal process as may by law issue against any person committing an offence.

  • Police-officer to take charge of the unclaimed property, and be subject to Magistrate’s orders as to disposal(s-25)–It shall be the duty of every police officer to take charge of all unclaimed property, and to furnish an inventory thereof to the Magistrate of the district. The police officers shall be guided as to the disposal of such property by such orders as they shall receive from the Magistrate of the district.
  • u/s 26  Magistrate may detain property and issue a proclamation and he may Confiscate the property if no claimant appears u/s 27

Police have power u/s 30 for Regulation of public assemblies and processions and licensing of the same.

Charge against Police –Any charge against a police-officer above the rank of a constable under this Act shall be inquired into and determined only by an officer exercising the powers of a Magistrate.

Petty Offence

U/S 34 Punishment for certain offences on roads, etc.–Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the State Government, commits any of the following offences, to the obstructions inconvenience, annoyance, risk, danger or damage to the residents or passengers shall, on conviction before a Magistrate, be liable to fine not exceeding fifty rupees, or to imprisonment  with or without hard labour not exceeding eight days; and it shall be lawful for any police-officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:-
First.-Slaughtering cattle, furious riding, etc.- Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle:
Second-Cruelty to animals.- Any person who wantonly or cruelly beats, abuses or tortures any animal:
Third.-Obstructing passengers.-Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public:
Fourth.-Exposing goods for sale- Any person who exposes any goods for sale:
Fifth.-Throwing dirt into the street- Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dung heap, or the like:
Sixth.-Being found drunk or riotous -Any person who is found drunk or riotous or who is incapable of taking care of himself:
Seventh.-Indecent exposure of person  -Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits a nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose:
Eighth.-Neglect to protect dangerous places.-Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

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The Police Organon

Director General of Police (DGP) {In-charge of the State Police Force}⇓
Additional Director General of Police (Addl. DGP)⇓
Inspector General of Police (IGP) {In-charge of a zone, which comprises few ranges}
Deputy Inspector General of Police (Dy. IGP) {In-charge of a range, which comprises a group of districts}
Senior Superintendent of Police (SSP) {In-charge of the bigger District}
Superintendent of Police (SP) {In-charge of the District}
Additional Superintendent of Police (Addl. SP)
Assistant/ Deputy Superintendent of Police ⇓
Inspector of Police {In-charge of a Police Station}
Sub-Inspector of Police (SI) {In-charge of a smaller Police Station}
Assistant Sub-Inspector of Police (ASI) {Staff of the Police Station}

Police Head Constable (HC) {Staff of the Police Station}
Police Constable {Staff of Police Station}

  • District Police Super works under the District Magistrate, whereas a Police Commissioner directly works under Home Department of the State for policy decision.
  • CID or Criminal investigation department is specialized branches of the police force, these type of police cadres are specially trained to handle criminal cases and they are equipped with special gadgets which are in general not available with the SHO of a Police station.  They are simply co-ordinated , intelligent, well informed and smarter inside the cadres.
  • A state police force has two main components-the civil police and the armed police. The primary function of the civil police is to control crime, while the armed police mainly deal with law and order situations. Armed police are organised in the form of battalions under the supervision of a Commanding Officer( IPS).Police battalion is divided into companies. A company is further sub-divided into platoons and platoons into sections. Ordinarily, three sections constitute a platoon and three platoons a company.

Rank Structure of the Armed Police
Commandant( IPS)⇓
Deputy Commandant (DSP)

Assistant Commandant/ Inspector/
Sub-Inspector-Subedar
Head Constable
Constable

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Police corruption 

Police Commission of 1902-03 [ extract from the Report]
The Police Commission of 1902-03 found strong evidence of widespread corruption in the police particularly among Station House Officers throughout the country. The following extract from their report gives a revealing picture of the position as seen by them:—

“The forms of this corruption are very numerous. It manifests itself in every stage of the. work of the police station. The police officer may levy a fee or receive a present for every duty he performs. The complainant has often to pay a fee for having his complaint recorded.
He has to give the investigating officer a present to secure his prompt and earnest attention to the case. More money is extorted as the investigation proceeds. When the officer goes down to the spot to make his investigation, he is a burden not only to the complainant, but to his witnesses, and often to the whole village. People are harassed sometimes by being compelled to hang about the police officer for days, , sometimes by having to accompany him from place to place, sometimes by attendance at the police station, sometimes by having him and his satellites quartered on them for days, sometimes by threats of evil consequences to themselves or their friends (especially to the women of the family) if they do not fall in with his view of the case, sometimes by invasion of their houses by low-caste people on the plea of searching for property, sometimes by unnecessarily severe and degrading measures of restraint. From all this deliverance is often to be bought only by payment of fees or presents in cash.” (Para 25)

What the Police Commission said in 1903 would more or less apply fully even to the present situation. If any thing, the position has worsened with more rampant corruption in Police today with the active connivance of numerous local Dadas and unprincipled men in public life (THIRD REPORT NATIONAL POLICE COMMISSION

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Central Police Organisation under control of Central home Ministry 

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POLICE ORGANISATIONS IN INDIA( STATE POLICE)

Andhra Pradesh PoliceArunachal Pradesh PoliceAssam PoliceBihar Police

Andhra              Arunachal               Assam               Bihar

Chhattisgarh PoliceGujarat PoliceHaryana PoliceJharkhand Police

Chattisgarh          Gujrat          hariyana     Jharkhand
Himachal            Jammu & Kashmir                                  karnataka
Madhya Pradesh  Maharastra        Meghayala          Mizoram
Nagaland                Odisha                     Punjab               Rajasthan

Sikkim PoliceTamil Nadu PoliceTripura PoliceUttarakhand Police

Sikkim                 Tamilnadu              Tripura            Uttarakhand

 West Bengal                   Manipur                      Uttar pradesh

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 Union Territories

NCT of Delhi PoliceGoa PolicePuducherry PoliceLakshadweep Police

Delhi                       Goa                     Poducheri         Lakshadep

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Narcotics Control Bureau (NCB)

The government of India constituted the NARCOTICS CONTROL BUREAU on the 17th of March, 1986. The Bureau, subject to the supervision and control of the Central Government, is to exercise the powers and functions of the Central Government for taking measures with respect to:Co-ordination of actions by various offices, State Governments and other authorities under the N.D.P.S. Act, Customs Act, Drugs and Cosmetics Act and any other law for the time being in force in connection with the enforcement provisions of the NDPS Act, 1985.
Implementation of the obligation in respect of counter measures against illicit traffic under the various international conventions and protocols that are in force at present or which may be ratified or acceded to by India in future.
Assistance to concerned authorities in foreign countries and concerned international organisations to facilitate coordination and universal action for prevention and suppression of illicit traffic in these drugs and substances.
Coordination of actions taken by the other concerned Ministries, Departments and Organizations in respect of matters relating to drug abuse.The Narcotics Control Bureau is the apex coordinating agency. It also functions as an enforcement agency through its zones and sun-zones. Zones located at Ahmedabad, Bangaluru, Chandigarh, Chennai, Delhi, Guwahati, Indore, Jammu, Jodhpur, Kolkata, Lucknow, Mumbai, and Patna. Sub-zones located at Ajmer, Amritsar, Bhubaneswar, Dehradun, Goa, Hyderabad, Imphal, Mandsaur, Madurai, Mandi, Raipur, Ranchi and Thiruvananthpuram. The zones and sub-zones collect and analyse data related to seizures of narcotic drugs and psychotropic substance, study trends, modus operandi, collect and disseminate intelligence and work in close cooperation with the Customs, State Police and other law enforcement agencies.

Central Forensic Science Laboratory, (CFSL)

CFSL, CBI, New Delhi is a scientific department under the administrative control of CBI and overall control of the Ministry of Home Affairs with the Govt. of India. CFSL undertakes the scientific analysis of crime exhibits referred by CBI, Delhi Police, Judiciary and Vigilance Departments of Ministries & Undertakings & State/Central Govt. Departments. The experts of CFSL examine the exhibits forwarded by the Investigating Agencies and render expert opinion and substantiate their opinions in the Court of Law through court testimony and evidence. Scientists/experts also impart training to the CBI Investigating Officers and to other trainees of Forensic Science. The laboratory also undertakes R & D work related to art & skill developments in forensic science.

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Central Bureau of Investigation

CBI is the premier investigative agency in the country today, with a dual responsibility to investigate grievous cases and provide leadership and direction in fighting corruption to the Police force across the country.

Central Bureau of Investigation (CBI)

CBI

Investigation and Prosecution by CBI

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Central Vigilance  Commission

The Central Vigilance Commission was set up by the Government in February,1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance. CVC is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.cvc_logo

CVC Manual  and Acts 

Vide GOI Resolution on “Public Interest Disclosure and Protection of Informer” dated April 2004, the Government of India has authorized the Central Vigilance Commission as the “Designated Agency” to receive written complaints about disclosure on any allegation of corruption or misuse of office and recommend appropriate action.

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 FIU                     DE                             IB                      DRI
 NDMA                    ICG                                DCPW                        SSB

Central Reserve Police Force (CRPF)Central Industrial Security Force (CISF)Railway Protection Force (RPF)Bureau of Police Research & Development (BPR&D)

          CRPF                    CISF                          RPF                           BPR&D

Special Protection Group (SPG)Indo-Tibetan Border Police (ITBP)National Security Guard (NSG)

      SPG                       ITBP                 NSG

National Institute of Criminology & Forensic Science (NICFS)SVP National Police Academy
NICFS                                    NATIONAL POLICE ACADEMY

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India’s Research and Analysis Wing (RAW) is the country’s premier intelligence agency. Established in 1968 to handle India’s external intelligence affairs. RAW operates under the Prime Minister’s Office, and was intentionally established as a “wing” versus an “agency” in order to bypass agency reporting requirements to Parliament’s Right to Information Act. Accordingly, it is hard to find detailed information about the organization. RAW is responsible for collecting military, economic, scientific, and political intelligence through covert and overt operations.  RAW is also charged with monitoring terrorist elements and smuggling rings that transport weapons and ammunition into India.

Responsibilities of RAW include Providing security services for –

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INTERNATIONAL POLICE

    INTERPOL    SCOTLAND YARD    FBI                      CIA
                                 UNSCR                    UNODC             INTERPOL(ND)

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ACTS AND RULES

Maharashtra Control of Organised Crime Act, 1999 PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. (78 KB) MCOCA Act

Rules Regarding Investigation Of high Quality Counterfeit Indian Currency Offences Rules, 2013.PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. (3 MB)

STANDARD OPERATING PROCEDURE (SOP) FOR INVESTIGATION OF CASES OF HIGH QUALITY COUNTERFEIT INDIAN CURRENCY NOTES  PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. (319 KB)

The Anti-Hijacking Act, 1982 (65 of 1982) PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. (37 KB)

The Arms Act, 1959 (Act no. 54 of 1959) PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. (59 KB)

The Atomic Energy Act 1962 (33 of 1962)  PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. (60 KB)

The Explosive Substances Act, 1908 (Act No. 6 of 1908)PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. (13 KB)

The Extradition Act,1962 PDF file that opens in new window. To know how to open PDF file refer Help section located at bottom of the site. (200 KB)

The Suppression of Unlawful Acts Against Safety of Maritime Navigation Act 2002 (69 of 2002)

The Unlawful Activities (Prevention) Act, 1967 (37 of 1967) with latest amendment of act 3 of 2013.

The Weapons of Mass Destruction and Their Delivery Systems(Prohibition of Unlawful Activities) Act,2005 (21 of 2005)

The Indian Penal Code, 1860

The IT Act,2000

The SAARC Convention on (Suppression of Terrorism) Act 1993 (36 of 1993)

The Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 (66 0f 1982)

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Mumbay Police Act

Mumbay police Commission                             

Mumbay Police Guidelines for Purchasing property

PROPERTY PURCHASE

Instructions to members of public about CO. OP. HSG. Societies and how to prevent cheating at the time of purchasing flats

1. VERIFICATION OF OWNERSHIP OF LAND.

Ensure from the City Survey office that the developer has been granted the N.O.C and the land is Non-Agricultural (N.A.)
Types of land Where to verify from
BMC Land The concerned Ward office
Govt. land Verification from the Collector’s office
MHADA land Verification from MHADA, Bandra (E)
B.P.T. land Estate Manager, Mumbai Port Trust, Ballard Pier
Salt land Commissioner of Salt, Ballard Pier
Trust land President of the concerned Trust, and charity Commissioner, Worli
For clear title, 7/12 (Sat Bara) Extract to be verified from the “Talathi” OR “Tahasildar” office.

For Land in Dispute or in legal litigation – approach “Bailiff” or “Arbitrator” from High Court.

2. N.O.C.’s OF VARIOUS AUTHORITIES

Fire Brigade Especially for high rise buildings
Traffic Dept. Mumbai Police.
BEST/BSES For electricity supply.
IAAI Building in airport vicinity.
Railway Near the railway track
BMC For drainage, water supply, commencement certificate

3. TO CHECK THE LEGALITY OF THE CONSTRUCTION

Checking of Commencement Certificate or Intimation of Disapproval by the Municipal authorities.

Contact the Builder / Developer for

  • Plans submitted by the architect
  • Notice in Newspaper for clearance of title of the land
  • Certificate from solicitor
  • Confirm whether Residential or Commercial
  • F.S.I. permitted, and utilized by the builder
  • Percentage of reservation made for Government flats or any special category
  • Whether covered under Urban Land Ceiling Reservation

4. ENTERING INTO AGREEMENT

  • The agreement for sale should be properly signed by the concerned parties
  • The agreement must be attested by two witnesses
  • Only the agreement registered with the Collector will be treated as the “legal document”
  • Stamp Duty should be paid only at the Collector’s Office at the time of registration of the agreement

5. MODE OF PAYMENT

  • Cheque is the safest way of payment.
  • If paid by cash, insist on receipt.
  • Repayment of loans obtained from the Financial Institutions should be made only to the concerned Institution and not to the builder or developer.

So Here’s wishing you a very happy year ahead, And all the bad luck to the cheats.

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COUNTER -TERRORISM MEASURES (DOMESTIC) 

An Act to constitute an investigation agency at the National level to investigate and prosecute offences affecting the Sovereignty, Security and Integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations and for matters connected therewith or incidental thereto.

National Investigation Agency, Government of India

The Agency was created by NIA Act 2008

NIA

The National Investigation Agency Act, 2008

Key Ideas

The superintendence of the Agency shall vest in the Central Government.

Investigation of Scheduled Offences.—(1) On receipt of information and recording thereof under section 154 of the Code( CR.P.C) relating to any Scheduled Offence the officer-in-charge of the police station shall forward the report to the State Government forthwith.
(2) On receipt of the report under sub-section (1), the State Government shall forward the report to the Central Government as expeditiously as possible.
(3) On receipt of report from the State Government, the Central Government shall determine on the basis of information made available by the State Government or received from other sources, within fifteen days from the date of receipt of the report, whether the offence is a Scheduled Offence or not and also whether, having regard to the gravity of the offence and other relevant factors, it is a fit case to be investigated by the Agency.
(4) Where the Central Government is of the opinion that the offence is a Scheduled Offence and it is a fit case to be investigated by the Agency, it shall direct the Agency to investigate the said offence.
(5) Notwithstanding anything contained in this section, if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence.
(6) Where any direction has been given under sub-section (4) or sub-section (5), the State
Government and any police officer of the State Government investigating the offence shall not proceed
with the investigation and shall forthwith transmit the relevant documents and records to the Agency.
(7) For the removal of doubts, it is hereby declared that till the Agency takes up the investigation of the case, it shall be the duty of the officer-in-charge of the police station to continue the investigation.

Power of Central Government to constitute Special Courts.—(1) The Central Government shall, by notification in the Official Gazette, for the trial of Scheduled Offences, constitute one or more Special Courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification.

  • A Special Court may, on its own motion, or on an application made by the Public Prosecutor and if it considers it expedient or desirable so to do, sit for any of its proceedings at any place other than its ordinary place of sitting.
  • Procedure and powers of Special Courts. A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts that constitute such offence or upon a police report of such facts.
  • Appeals—(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.
    (2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.

Offences branded as Schedule Offence if committed under the Following Acts

1. The Atomic Energy Act, 1962 (33 of 1962);
2. The Unlawful Activities (Prevention) Act, 1967 (37 of 1967);
3. The Anti-Hijacking Act, 1982 (65 of 1982);
4. The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982);
5. The SAARC Convention (Suppression of Terrorism) Act, 1993 (36 of 1993);
6. The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on
Continental Shelf Act, 2002 (69 of 2002);
7. The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005);
8. Offences under—
(a) Chapter VI of the Indian Penal Code (45 of 1860) [sections 121 to 130 (both inclusive)];
(b) Sections 489-A to 489-E (both inclusive) of the Indian Penal Code (45 of 1860)


SPECIAL JUDGES NOTIFIED UNDER THE NIA ACT (STATE WISE)

NIA JUDGEMENTS (PROSECUTED BY NIA)

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Banned Terrorist Organisations (INDIA)

 

TREATIES AND EXTRADITION CONTRACTS ( BI-LATERAL)

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COUNTER -TERRORISM MEASURES (FOREIGN)

Foreign Terrorist Organizations( USA STATE DEPT)

NATIONAL COUNTER TERRORISM CENTER (USA)

BANNED TERRORIST (UK)

BANNED TERRORIST (UAE)

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USEFUL LINKS

ISI Pakistan Inter-Services Intelligence

The ISI is tasked with collection of of foreign and domestic intelligence; co-ordination of intelligence functions of the three military services; surveillance over its cadre, foreigners, the media, politically active segments of Pakistani society, diplomats of other countries accredited to Pakistan and Pakistani diplomats serving outside the country; the interception and monitoring of communications; and the conduct of covert offensive and wartime operations.

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