Last Part Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –

Last Part Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –

Last Part Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –

83. Sale of attached property on conviction.
84. Removal of person likely to commit an offence under this Act.

85. Modified Application of the Code of Criminal Procedure.-
Modified Application of the Code of Criminal Procedure.- (1) Section 167 of the
Code of Criminal Procedure, 1973 shall apply in relation to a case involving
an offence punishable under this Act subject to the modifications that, in
sub-section(2) -
(a) the reference to “fifteen days”, and “sixty days” wherever they occur,
shall be construed as references to “thirty days” and “ninety days”
respectively;


(b) after the proviso, the following proviso shall be inserted, namely :-
“Provided further that if it is not possible to complete the
investigation within the said period of ninety days, the Designated
Judge shall extend the said period upto one hundred and eighty days,
on the report of the Public Prosecutor indicating the progress of the
investigation and the specific reasons for the detention of the
accused beyond the said period of ninety days.”

(2) Notwithstanding anything contained in the Code, the accused shall not
be granted bail if the Designated Judge under this Act finds that he or she
was on bail in an offence under this Act, or under any other Act, on the date
of the offence in question.

(3) The limitations on granting of bail specified in sub-section (2) are in
addition to the limitations under the Code or any other law for the time
being in force on the granting of bail.

86. Rights of victims during trial under this Act
87. Protection of victims, informants and witnesses.-
88. Record of court proceedings.- (1) All proceedings related to offences
under this Act shall be video recorded
89. Appeal and revision.-

CHAPTER VII
RELIEF, REPARATION AND RESTITUTION AND COMPENSATION

90. Right to relief, reparation, restitution and compensation.-
91. Duty to provide relief, reparation and restitution.-
92. Duty to ensure immediate safety of persons and property.-
93. Establishment of Relief Camps.-
94. Duties in relation to relief camps.-
95. State Assessment Committee.
96. Functions of the State Assessment Committee.-
97. Survey by State Assessment Committee.-
98. Registration of persons injured by organised communal violence.-
99. Reparation and rehabilitation.-
100. Duty to establish conditions to enable return.-
101. Powers to summon witnesses and take evidence.-
102. Compensation.-
103. Principles for assessment of compensation.-

104. Compensation to be made for.- The assessment of compensation, in
addition to compensation paid under Schedule IV, shall be made for:
(a) injury to public property;
(b) injury to private property;
(c) bodily injury caused to a person or death;
(d) moral injury;
(e) material injury and loss of earnings, including lost opportunities of employment, education and social benefits;
(f) psychological injury caused to such person;
(g) cost of the actions by the authorities and police to take preventive
and other actions;
(h) required for legal or expert assistance, medicine and medical
services, and psychological and social services.

105. District Assessment Committee.
106. Functions of the District Assessment Committee.-
107. Authority to determine and disburse compensation.-
108. Appeal from assessment.-
109. Rights of persons under this Chapter.
110. Subrogation of Rights.-
111. Claim on behalf of the Central Government and State Government.-
112. Establishment of Communal and Targeted Violence Relief and
Rehabilitation Fund.-
113. Guarantee of non-repetition.

114. Punishment for sexual assault.- Whoever commits an act of sexual
assault, shall be punishable-

(a) where the act is contained in sub-clause (i) of clause (a) of section 6
and clause (i) of clause (b) of section 7, with rigorous imprisonment
for a term which shall not be less than ten years but which may be for
life and shall also be liable to fine.

(b) where the act is contained in section sub-clause (ii) of clause (a) of
section 7, with rigorous imprisonment for a term which shall not be
less than twelve years but which may be for life and shall also be liable
to fine.

(c) where the act is contained in sub-clause (iii) of clause (a) of section 7,
rigorous imprisonment for a term a term which shall not be less than
fourteen years but which may be for life and shall also be liable to fine.

(d) where the act is contained in sub-clauses (ii) to (vi) of clause (b) of
section 7, rigorous imprisonment for a term which shall not be less
than seven years but which may extent to ten years and shall also be
liable to fine.

115. Punishment for hate propaganda.-
The offence of hate propaganda shall be punishable with imprisonment which may extend to three years or fine or both.

116. Punishment for organized targeted violence.-
Whoever commits organized targeted violence shall be punished with rigorous
imprisonment for life, and shall also be liable to fine.

117. Punishment for aiding financially, materially or in kind the
commission of offence under this Act.-
Whoever is guilty of the offence under section 10 shall be punished with imprisonment for a term, which may extend to three years, and shall also be liable to fine.

118. Punishment for offences under Schedule II.
- When offences under Schedule II are committed, they shall be punishable with penalty provided in the Indian Penal Code, 1860 or under this Act, whichever is higher.

119. Punishment for torture.–
Whoever commits torture shall be punishable with rigorous imprisonment for a term which shall not be less than seven years but which may be for life and shall also be liable to fine.

120. Punishment for dereliction of duty.-
Whoever being a public servant is guilty of dereliction of duty shall be punished with imprisonment for two years which may extend to five years and shall be liable to fine.

121. Punishment for offences by public servants for breach of command
responsibility.-
Whoever is guilty of an offence under section 14 shall be punishable with rigorous imprisonment for life, when such failure relates to organized targeted violence and in any other case with imprisonment for a term of ten years and fine.

122. Punishment for offences by other superiors for breach of command
responsibility.-
Whoever is guilty of an offence under section 15 shall be punishable with rigorous imprisonment for life, when such failure relates to organized targeted violence and in any other case with imprisonment
or a term of ten years and fine.
123. Punishment for attempt.- Whoever attempts to commit any offence
punishable under this Act or causes such attempt to be committed and in
such attempt does any act towards the commission of the offence shall be
punishable with the punishment provided for the offence.

124. Punishment for abetment Whoever abets any offence under this Act, if
the act abetted is committed in consequence of the abetment, shall be
punished with punishment provided for that offence.

125. Punishment for preparation.-

If any person makes preparation to do or omits to do anything which constitutes an offence punishable under this Act and from the circumstances of the case it may be reasonably inferred that he or she was determined to carry out his or her intention to commit the offence but had been prevented by circumstances independent of his
or her will, he or she shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term of imprisonment with which he or she would have been punishable in the event of his or her having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he or she would have been punishable, but which may extend to one-half of the maximum amount of fine with which he or she would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid: Provided that the court may, for reasons to be recorded in the judgment, impose a higher fine.

126. Acts done by several persons in furtherance of common intention.-

When a criminal act is done by several persons in furtherance of the
common intention of all, each of such persons is liable for that act in the
same manner as if it were done by him or her alone.

127. Determination of fines.-

While determining the quantum of fine, the Designated Judge appointed under this Act shall take into consideration gravity of offence, damage assessed by the State Assessment Committee under section 97 and compensation paid by the Central Government or the State Government, as the case may be, under section 102 and assessed by the District Assessment Committee under section 107.

128. Other remedies not prejudiced.-
Penalties provided under this Chapter shall be without prejudice to other remedies that a victim or an affected person may have under any other law for the time being in force.

CHAPTER IX - MISCELLANEOUS

129. Non-applicability of limitation for Organised targeted violence.-

130. Protection of action taken in good faith.- No suit or other legal proceeding shall lie against the Central Government, State Government, National Authority or State Authority or any Member thereof or any person acting under the direction either of the Central Government, State Government, National Authority or State Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made there under or in respect of the publication by or under the authority of the Central Government, State
Government, National Authority or State Authority of any report paper or proceedings. Provided that this section shall not apply to a public servant accused of dereliction of duty under section 13.

131. Members and officers to be public servants.
132. Duties of Government.-
133. Power of Central Government to make rules.-
134. Power of State Government to make rules.-
135. Power of National Authority to make regulations.-
136. Power of State Authority to make regulations.-
137. Power to remove difficulties.-
138. Act to be in addition to any other law.-



Suggested Reading –

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Monday, September 12, 2011

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