Section 5 of The Anti-Apartheid (United Nations Convention) Act, 1981
Any person committing an offence under section 3 may be tried for the offence in any place in which he may be found or in such other place as the Central Government may, by general or special order, published in the Official Gazette, direct in this behalf.
Summary
- This section explains where a person accused of an apartheid offence under Section 3 can be put on trial.
- An accused person can be tried in any place where they are physically found.
- Alternatively, the trial can take place in any other place that the Central Government directs.
- If the Central Government decides to direct a specific place for the trial, it must issue a general or special order and publish it in the Official Gazette.
Practical examples
FAQ
1. Which section's offences does the "Place of trial" rule apply to?
It applies to any person committing an offence under Section 3 of this Act.
2. Where can a suspect be tried if they are arrested?
They can be tried in any place in which they may be found.
3. Can the Central Government decide where the trial should take place?
Yes, the Central Government can direct the place of trial by issuing a general or special order.
4. Where must the Central Government publish its order regarding the place of trial?
The government must publish the general or special order in the Official Gazette.
Test yourself
Q1.Under Section 5, which specific section's offences are subject to these place of trial rules?
Q2.What is the default location where a suspect may be tried under Section 5?
Q3.How can the Central Government direct that a trial be held in a different place?
Q4.What types of orders can the Central Government use to direct the place of trial?
Q5.If a suspect is found in Chennai, but there is no special order from the Central Government, where can the trial be held?