(1) No person shall subject,
or cause to be subjected, any one to enforced disappearance.
(2) For the purposes of sub-section (1), the term 'enforced
disappearance” means any of the following acts:
(a) The arrest, detention or any other form of control of a
person by a person or security personnel having
authority by law to make arrest, investigation or
enforcement of law, followed by a failure to produce
such person before the case trying authority within
twenty-four hours of the date of such arrest or
deprivation of liberty, excluding the time required for
journey, or a refusal to allow the concerned person to
meet such person, and/or by concealment of information
as to where, how and in what condition such person has
been so held,
(b) The abduction, custody, control or any other form of
deprivation of liberty of a person by any person,
organization or group, whether organized or not,
followed by concealment of information to the
concerned person as to the reason for such deprivation
and where, how and in what condition such person has
been so held,
(3) A person who orders the commission of enforced
disappearance of a person upon arrest, detention or control of such
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person and a person who implements such order shall be considered
to be the principal offender of enforced disappearance.
(4) Where an act of enforced disappearance is committed in
pursuance of order or direction given by a person holding public
office or by the responsible person of an organization or group,
whether organized or unorganized, the person giving such order or
direction shall be liable as the principal offender of enforced
disappearance.
(5) A superior who, despite knowing that his or her
subordinate official, body or group was committing or about to
commit an act of enforced disappearance, disregards such
information or fails to take necessary measures to prevent the
commission of such act shall also be considered to have committed
the offence under this Section.
(6) Where a person has been subjected to enforced
disappearance by two or more persons jointly, every person involved
in such act shall be equally liable as the offender.
(6) A person who commits the offence referred to in subsection
(1) shall be liable to the following sentence:
(a) In the case of the principal offender of enforced
disappearance, a sentence of imprisonment for a
term not exceeding fifteen years and a fine not
exceeding five hundred thousand rupees, having
regard to the duration and circumstances of such
enforced disappearance,
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(b) In the case of a person who is accomplice or
conspires to the commission of enforced
disappearance, the same sentence as is imposable
on the principal offender, and in the case of a
person who attempts to or facilitates the
commission of enforced disappearance, half the
sentence imposable on the principal offender.
(8) A person who does an act constituting the offence
referred to in sub-section (1) against a woman or child shall be liable
to an additional sentence of imprisonment for a term of two years, in
addition to the sentence to be imposed pursuant to sub-section (7).
(9) Where a person has committed any other offence
punishable by law against any one who has been subjected to
enforced disappearance, during such disappearance, he or she shall
be liable to the additional sentence under this Section, in addition to
the sentence imposable by law for such offence.
(10) A person who subjects any one to enforced
disappearance by using any government vehicle, building, arms and
ammunition or goods shall be liable to an additional sentence of
imprisonment for a term of one year, in addition to the sentence
imposable under this Section.