UA Act 38Chapter VI · Terrorist Organisations
Section 38 · Offence relating to membership of a terrorist organisation
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(1) A person, who associates
himself, or professes to be associated, with a terrorist organisation with intention to further its activities,
commits an offence relating to membership of a terrorist organisation:
Provided that this sub-section shall not apply where the person charged is able to prove--
(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and
(b) that he has not taken part in the activities of the organisation at any time during its inclusion in the 1[First Schedule] as a terrorist organisation.
(2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.
Provided that this sub-section shall not apply where the person charged is able to prove--
(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and
(b) that he has not taken part in the activities of the organisation at any time during its inclusion in the 1[First Schedule] as a terrorist organisation.
(2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.
The offence at a glance
- Maximum punishment
- 10 years
- Fine
- Fine — no statutory ceiling, the court decides
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
Under this Act's own provision
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