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Section 12 – The Terrorist Affected Areas (Special Courts) Act 1984

The Terrorist Affected Areas (Special Courts) Act 1984

Section 12. Protection of witnesses

(1) Notwithstanding anything contained in the Code, all proceedings before a Special Court shall be conducted in camera;

Provided that where the Public Prosecutor so applies, any proceedings or part thereof may be held in open court

(2) A Special Court may, on an application made by a witness in any recordings before it or by the Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secret.

(3) In particular and without prejudice to the generality of the provisions of sub-section (2), the measures which a Special Court may take under that sub-section may include

(a) The holding of the proceedings at a protected place;

(b) The avoiding of the mention of the names and addresses of the Witnesses in its orders or judgments or in any records of the case accessible to public;

(c) The issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed.

(4) Any person who contravenes any direction issued under sub-section (2) shall be punishable with imprisonment for a term, which may extend to one year and with fine, which may extend to one thousand rupees.

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The Terrorist Affected Areas (Special Courts) Act 1984

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