ABOUT POTA


POTA fact-sheet
 
  • "Terrorism" includes acts committed with any lethal weapon.
  • Offences include inviting support for a terrorist organisation, addressing a gathering of terrorism sympathisers and assisting in arranging a meeting where support is expressed for a terrorist organisation or its activities.
  • Properties of terrorist organisations and their sympathisers shall be seized.
  • Suspects can be detained for three months without charges being brought against them; and three more months if allowed by a special judge.
  • A police officer can seek through the court samples of handwriting, fingerprints, footprints, blood, saliva, semen and hair of a suspect. Refusal to give samples will be considered against the accused in trial.
  • Confessions made to a police officer under certain conditions are admissible as against the current law, which allows confessions to be admitted as evidence only if they are repeated voluntarily in court.

Safety net

The Union Government has put in place safeguards against misuse of the legislation:

  • Investigation of an accused can be done only by a deputy superintendent of police or officer of higher rank.
  • Confessions must be recorded within 48 hours before a magistrate, who will send the accused for a medical examination if there is a complaint of torture.
  • A legal representative of the accused can be present for part of the interrogation.
  • Police officers can be prosecuted for abusing their authority. Also, victims can be paid compensation.
- Source : The Business Line  [29-03-2002]
- Back to About POTA