Section 3: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Investigation for fair Trial Act, 2013: • Court — the High Court • Designated Agency or Body — any one or more Agency or Body designated by the Federal Government through notification for the purposes of this Act, having capability for implementing warrant of interception • Intercepted material — evidence collected under Section 17 and will refer,-- (i) for the purposes of `Surveillance” to include,___ (a) data, information or material in any documented form, whether written, through audio visual device, CCTV, still photography, observation or any other mode of modem devices or techniques obtained under this Act; and (b) documents, papers, pamphlets, booklets; and (ii) for the purposes of `Interception” to, include-mails, SMS, IPDR (internet protocol detail record) or CDR (cell de tail record) and any form of computer based or cell phone based communication and voice analysis. It also includes any means of communication using wired or wireless or IP (internet protocol) based media or gadgetry • Judge — a Judge of the High Court • Minister — the Federal Minister for Interior • Register — the register maintained under subsection (2) of Section 9 by the Judge, containing the serial number of the file received by the Judge in Chambers which has been returned to the applicant for safe custody, and the register shall also contain name, contact, address of the authorized person and the applicant • Suspect — a person in respect of whom there is a suspicion that he may be involved in any scheduled offence and includes foreigners and groups as well as organizations • Schedule — schedule to this Act • Scheduled offence — an offence specified in schedule I • Service provider — any person, entity or company related to any equipment, technology, data, circumstances that given it ability or power or control to implement the warrants issued under Sections 11 and 21 • Warrant — warrant of surveillance or interception, and includes warrant issued under Sections 11 whereby the applicant is allowed by the Judge to collect evidence through interception, recording through audio or video or any means of communication or surveillance of movements and actions through minimum interference in property and privacy of any person including human intelligence. CHAPTER-2 APPLICATION FOR WARRANT This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

3. Definitions. ___ In this Act, unless there is anything repugnant in the subject or context,___ (a) “applicant” means, Directorate General Inter Services Intelligence, the three Services Intelligence Agencies, Intelligence Bureau and Police; (b) “authorized officer”, means any officer not below the rank of BPS-20 or equivalent who is working with the applicant and is notified under Section 4 to represent the applicant when making application or taking up any proceedings under this Act; (c) “competent authority” includes the Judge; (d) “Court” means the High Court; (e) “Designated Agency or Body” means any one or more Agency or Body designated by the Federal Government through notification for the purposes of this Act, having capability for implementing warrant of interception; (f) “expert”, means a person qualified or trained or experienced in conducting surveillance or interception who is nominated by the applicant or the Federal Government as an expert for analysis of the intercepted materials; (g) “Intercepted material” means evidence collected under Section 17 and will refer,-- (i) for the purposes of `Surveillance” to include,___ (a) data, information or material in any documented form, whether written, through audio visual device, CCTV, still photography, observation or any other mode of modem devices or techniques obtained under this Act; and (b) documents, papers, pamphlets, booklets; and (ii) for the purposes of `Interception” to, include-mails, SMS, IPDR (internet protocol detail record) or CDR (cell de tail record) and any form of computer based or cell phone based communication and voice analysis. It also includes any means of communication using wired or wireless or IP (internet protocol) based media or gadgetry; (h) “Judge” means a Judge of the High Court; (i) “Minister” means the Federal Minister for Interior; (j) “Register” means the register maintained under subsection (2) of Section 9 by the Judge, containing the serial number of the file received by the Judge in Chambers which has been returned to the applicant for safe custody, and the register shall also contain name, contact, address of the authorized person and the applicant; (k) “Suspect” means a person in respect of whom there is a suspicion that he may be involved in any scheduled offence and includes foreigners and groups as well as organizations; (l) “Schedule” means schedule to this Act; (m) “Scheduled offence” means an offence specified in schedule I; (n) “Service provider” means any person, entity or company related to any equipment, technology, data, circumstances that given it ability or power or control to implement the warrants issued under Sections 11 and 21; (p) “Warrant” means warrant of surveillance or interception, and includes warrant issued under Sections 11 whereby the applicant is allowed by the Judge to collect evidence through interception, recording through audio or video or any means of communication or surveillance of movements and actions through minimum interference in property and privacy of any person including human intelligence. CHAPTER-2 APPLICATION FOR WARRANT

Effective date: 2013-01-01

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