Section 6 of The Anti-Apartheid (United Nations Convention) Act, 1981
No person shall be arrested or prosecuted in respect of any offence under section 3 except with the previous sanction of the Central Government or such officer or authority as may be authorised by that Government by order in writing in this behalf.
Summary
- No person can be arrested or prosecuted for an apartheid offence under Section 3 without prior official approval.
- The required approval is called a previous sanction (official prior permission or approval).
- This prior sanction must come directly from the Central Government of India.
- Alternatively, the sanction can be given by an officer or authority that the Central Government has authorised through a written order.
Practical examples
FAQ
1. Can the police arrest someone for an offence under Section 3 immediately upon discovering them?
No, an arrest for a Section 3 offence cannot be made without the previous sanction of the Central Government or its authorised officer.
2. What does "previous sanction" mean?
It means official prior permission or approval that must be obtained before any legal action, like arrest or prosecution, can begin.
3. Who has the authority to grant this previous sanction?
The Central Government, or any officer or authority that the Central Government authorises in writing.
4. How must the Central Government authorise an officer to give sanctions?
The authorisation must be done by an order in writing.
5. Which specific offences require this previous sanction?
The previous sanction requirement applies specifically to any offence committed under Section 3 of this Act.
Test yourself
Q1.What is required before any person can be arrested or prosecuted under Section 3?
Q2.How must the Central Government authorise an officer to grant previous sanctions?
Q3.To which section's offences does the previous sanction rule in Section 6 apply?
Q4.Can a local state government authorize an arrest under Section 3 without Central Government involvement?
Q5.What legal action is prohibited without the previous sanction mentioned in Section 6?