(1) No person shall commit, or cause to be
committed, genocide.
(2) For the purpose of sub-section (1), any of the following
acts committed with intent to destroy, in whole or in part, an
ethnical, racial, national or religious group, or any attempt or
conspiracy to commit such act, shall be considered to be the offence
of genocide:
(a) Mass killing of members of such group, in a
planned way, at one or several times,
(b) Causing grievous hurt to the body of, or causing
serious bodily or mental harm to, members of
such group, in a planned way, at one or several
times,
(c) Deliberately inflicting on the group conditions of
life, inter alia, the depriving its members of
access to essential goods such as water, food, fuel
and medicine, by hindering the supply or
movement of such goods, thereby deliberately
making painful the life of members of such
group, calculated to bring about its physical
destruction in whole or in part,
(d) Forcibly imposing measures on members of such
group intended to prevent births within the group,
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except in cases of voluntary use by such members
of family planning means,
(e) Forcibly transferring children of such group to
another group.
(3) Any person who commits the offence referred to in subsection
(1) shall be liable to the following punishment:
(a) Imprisonment for life, in the case of the offence
referred to in clause (a),
(b) Imprisonment for a term not exceeding five years
and fine not exceeding fifty thousand rupees, in
addition to the sentence imposable under this Act
for grievous hurt or hurt to human body, in the
case of the offence referred to in clause (b),
(c) Imprisonment for a term not exceeding ten years,
in the case of the offence referred to in clause (c),
(d) or (e).
(4) Where the offence referred to in this Section is
committed in pursuance of order or direction given by a person or
group, whether organized or unorganized, the person, or the
responsible person or persons of such group giving such order or
direction shall be liable as the principal offender.
(5) Where the offence referred to in this Section has been
committed by a group or with the involvement of several persons,
every person involved in such offence shall be equally liable as the
offender.
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(6) Where any person who commits the offence referred to
in this Section is a public office holder, he or she shall not be
allowed to make a plea that such offence has been committed in the
course of executing a superior order or maintaining law and order or
enforcing law, and that person shall not enjoy any remission or
waiver from sentence on the ground that he or she has made such
plea.