PREVENTION OF TERRORISM ACT 2002

Act 2/2002

Proclaimed by [Proclamation No !" o# 2002$ % e # !&
t'
Marc' 2002
ARRAN(EMENT OF SECTIONS
Section

1. Short title

PART I)INTRO*+CTOR,

2. Interpretation
PART II ) ACTS OF TERRORISM AN* RE-ATE* OFFENCES
3. Prohibition of acts of terrorism
4. Proscribed organisations
5. Terrorist meetings
6. Support
7. arbouring terrorist
!. Information about acts of terrorism
". #bstruction of terrorist in$estigation
1%. International terrorism
11. Re.ealed by [ Act No /0 o# 200/ $
12. ostages
PART III) TERRORIST CAS1 AN* TERRORIST PROPERT,
13&14 Re.ealed by [ Act No /0 o# 200/ $
15. 'ealing in terrorist propert(
16. )ttachment of propert(
17. Propert( trac*ing

PART IV E2TRA*ITION
Amended by [Act No /3 o# 200/$

1!&22 Re.ealed by [ Act No /3 o# 200/ $
PART V INVESTI(ATION
23&24. Re.ealed by [ Act No /3 o# 200/ $
25. Intelligence gathering
26. 'etention of aircraft or $essel
27. 'etention for offences related to terrorism
2!. +ustod( record and $ideo recording
PART VI PROSEC+TION

2". Prosecution for offence
3%. ,-tra&territorial .urisdiction
31. +ompetent +ourt
32. Penalties
PART VII MISCE--ANEO+S

33. /egulations
34. +onse0uential amendments
35. +ommencement

An Act
To pro$ide for measures to combat terrorism and for related matters
,1)+T,' b( the Parliament of 2auritius3 as follo4s &
! S'ort title
This )ct ma( be cited as the Pre$ention of Terrorism )ct 2%%2.
PART I )INTRO*+CTOR,
2 Inter.retation
In this )ct&
5act of terrorism5 means an act specified in section 36

7ban*8 &

9a: has the same meaning as in the ;an*ing )ct 2%%46 and

9b: includes an( person licensed under the ;an*ing )ct 2%%4 to carr( on deposit ta*ing business6

7cash dealer8 has the same meaning as in the ;an*ing )ct 2%%46

5+ommissioner5 means the +ommissioner of Police6

5financial institution5 means an( institution or person regulated b( an( of the enactments specified in the
<irst Schedule6

5go$ernment5 means the go$ernment of the /epublic of 2auritius or of an( other State6

52inister5 means the 2inister to 4hom responsibilit( for the sub.ect of national securit( is assigned6
5proscribed organisation5 &

(a) means an organisation 4hich has been declared to be a proscribed organisation under section 46 and

(b) includes a group 4hich has been declared to be an international terrorist group under section 1%6

5terrorist in$estigation5 means an in$estigation of&

(a) the commission3 preparation or instigation of an act of terrorism or an( other offence under this )ct6

(b) an( act or omission reasonabl( suspected to ha$e been done for an act of terrorism or an( other offence
under this )ct6

(a) (a) the resources of a proscribed organisation6

5terrorist propert(5 means propert( 4hich &

(a) has been3 is being3 or is li*el( to be used for an( act of terrorism6

(b) has been3 is being3 or is li*el( to be used b( a proscribed organisation6

(c) is the proceeds of an act of terrorism6 or

(d) is gathered for the pursuit of3 or in connection 4ith3 an act of terrorism6

5trustee5 has the same meaning as in the Trusts )ct 2%%1.

Amended by [Act No !" o# 2003$

PART II ACTS OF TERRORISM AN* RE-ATE* OFFENCES

/ Pro'ibition o# act4 o# terrori4m

91: )n( person 4ho&

(a) does3 or threatens to do3 or does an act preparator( to or in furtherance of3 an act of terrorism6 or

(b) omits to do an(thing that is reasonabl( necessar( to pre$ent an act of terrorism3

shall commit an offence

92: In this section3 5act of terrorism5 5means an act 4hich&

(a) ma( seriousl( damage a countr( or an international organisation6 and

(b) is intended or can reasonabl( be regarded as ha$ing been intended to&

9i: seriousl( intimidate a population6

9ii: undul( compel a =o$ernment or an international organisation to perform or abstain from performing an(
act6

9iii: seriousl( destabilise or destro( the fundamental political3 constitutional3 economic or social structures of a
countr( or an international organisation6 or

9i$: other4ise influence such go$ernment3 or international organisation6 and

(a) in$ol$es or causes3 as the case ma( be&

9i: attac*s upon a person>s life 4hich ma( cause death6

(ii) 9ii: attac*s upon the ph(sical integrit( of a person6

9iii: *idnapping of a person6


9i$: e-tensi$e destruction to a =o$ernment or public facilit(3 a transport s(stem3 an infrastructure facilit(3
including an information s(stem3 a fi-ed platform located on the continental shelf3 a public place or pri$ate
propert(3 li*el( to endanger human life or result in ma.or economic loss6

9$: the sei?ure of an aircraft3 a ship or other means of public or goods transport6

9$i: the manufacture3 possession3 ac0uisition3 transport3 suppl( or use of 4eapons3 e-plosi$es or of nuclear3
biological or chemical 4eapons3 as 4ell as research into3 and de$elopment of3 biological and chemical
4eapons6

9$ii: the release of dangerous substance3 or causing of fires3 e-plosions or floods3 the effect of 4hich is to
endanger human life6

9$iii: interference 4ith or disruption of the suppl( of 4ater3 po4er or an( other fundamental natural resource3 the
effect of 4hich is to endanger life.
" Pro4cribed or5ani4ation4

91: @here an( 2 or more persons associate for the purpose of3 or 4here an organisation engages in &

(a) participating3 or collaborating3 in an act of terrorism6 3

(b) promoting3 encouraging or e-horting others to commit an act of terrorism6 or

(c) setting up or pursuing acts of terrorism3 the Audge in +hambers ma(3 on an application made b( the
+ommissioner3 declare the entit( to be a proscribed organisation.

92: )n( order made under subsection 91: shall be published in the =a?ette3 in 2 dail( ne4spapers and at
such other places3 as the Audge in +hambers shall determine.

93: )n( publication made under subsection 92: shall contain such rele$ant particulars as the Audge in
+hambers ma( specif(.

94: )n( person 4ho belongs3 or professes to belong3 to a proscribed organisation shall commit an offence.

95: It shall be a defence for a person charged under subsection 94: to pro$e that the organisation had not
been declared a proscribed organisation at the time the person charged became3 or began to profess to
be3 a member of the organisation and that he has not ta*en part in the acti$ities of the organisation at an(
time after it has been declared to be a proscribed organisation.

96: The Audge in +hambers ma(&

(a) upon application b( the proscribed organisation or b( an( person affected b( a declaration made under
subsection 91:6 and

(b) on being satisfied that a proscribed organisation has ceased to engage in the acts specified in subsection
91: and that there is no li*elihood of the organisation engaging in such acts specified in subsection 91: in
the future3
cancel the declaration ordered under that subsection.

3 Terrori4t meetin54
)n( person 4ho &

(a) arranges3 manages3 or assists in arranging or managing3 or participates in a meeting3 or an acti$it(3
4hich he *no4s is concerned 4ith an act of terrorism6

(b) pro$ides logistics3 e0uipment or facilities for a meeting3 or an acti$it(3 4hich he *no4s is concerned 4ith
an act of terrorism6 or

(c) attends a meeting3 4hich he *no4s is to support a proscribed organisation3 or to further the ob.ecti$es of
a proscribed organisation3

shall commit an offence.

& S6..ort

91: )n( person 4ho3 in an( manner or form&

(a) solicits support for3 or tenders support in relation to3 an act of terrorism3 or
(b) (b) solicits support for3 or tenders support to3 a proscribed organisation3

shall commit an offence.

92: <or the purposes of subsection 91:3 5support5 includes&

(a) instigation to the cause of terrorism6
(b) 9i: offer of material assistance3 4eapons including biological3 chemical or nuclear 4eapons3 e-plosi$es3
training3 transportation3 false documentation or identification6
9ii: offer or pro$ision of moral assistance3 including in$itation to adhere to a proscribed organisation6

(c) the pro$ision of3 or ma*ing a$ailable6 such financial or other related ser$ices as ma( be prescribed.

0 1arbo6rin5 terrori4t4

)n( person 4ho harbours3 conceals3 or causes to be harboured or concealed3 an( person 4hom he *ne4
to ha$e committed3 or to ha$e been con$icted of3 an act of terrorism3 or against 4hom he *ne4 that a
4arrant of arrest or imprisonment for such an act had been issued3 shall commit an offence.

7 In#ormation abo6t act4 o# terrori4m

91: Sub.ect to subsections 92: and 93:3 4here a person has information 4hich he *no4s or belie$es might be
of material assistance&

(a) in pre$enting the commission b( another person of an act of terrorism6 or

(b) in securing the apprehension3 prosecution or con$iction of another person for an offence under this )ct3

and that person fails to disclose to a police officer at an( police station the information as soon as
reasonabl( practicable3 he shall commit an offence.

92: It shall be a defence for a person charged under subsection 91: to pro$e that he has reasonable e-cuse
for not ma*ing the disclosure.

93: Subsection 91: does not re0uire disclosure b( a la4 practitioner of an( information3 or a belief or
suspicion based on an( information3 4hich he obtained in pri$ileged circumstances.

94: <or the purpose of subsection 93:3 information is obtained b( a la4 practitioner in pri$ileged
circumstances 4here it is disclosed to him &

(a) b( his client in connection 4ith the pro$ision of legal ad$ice3 not being a disclosure 4ith a $ie4 to
furthering a criminal purpose6

(b) b( an( person for the purpose of actual or contemplated legal proceedings3 and not 4ith a $ie4 to
furthering a criminal purpose.

8 Ob4tr6ction o# terrori4t in9e4ti5ation

91: )n( person 4ho &

(a) discloses to another an(thing 4hich is li*el( to pre.udice a terrorist in$estigation6

(b) interferes 4ith material 4hich is li*el( to be rele$ant to a terrorist in$estigation3

shall commit an offence.

92: It shall be a defence for a person charged 4ith an offence under subsection 91: to pro$e&

(a) that he did not *no4 and had no reasonable cause to suspect that the disclosure 4as li*el( to affect a
terrorist in$estigation6 or

(b) that he had a reasonable e-cuse for the disclosure or interference.

93: Subsection 91: does not appl( to a disclosure 4hich is made b( a la4 practitioner &

(a) to his client in connection 4ith the pro$ision of legal ad$ice3 not being a disclosure 4ith a $ie4 to
furthering a criminal purpose6

(b) to an( person for the purpose of actual or contemplated legal proceedings3 and not 4ith a $ie4 to
furthering a criminal purpose.

!0 International terrori4m

91: The 2inister ma( declare an( person to be a suspected international terrorist 4here&

(a) he reasonabl( suspects that the person &

9i: is or has been concerned in the commission3 preparation or instigation of acts of international terrorism6

9ii: is a member of3 or belongs to3 an international terrorist group6 or
9iii: has lin*s 4ith an international terrorist group3 and he reasonabl( belie$es that the person is a ris* to national
securit(6

(b) (b) the person is listed as a person in$ol$ed in terrorist acts in an( /esolution
of the Bnited 1ations Securit( +ouncilor in an( instrument of the +ouncil of
the ,uropean Bnion6 or
(c) the person is considered as a person in$ol$ed in terrorist acts b( such State or other organisation as the
2inister ma( appro$e.
92: @here the 2inister ma*es a declaration under subsection 91: 9a:3 he shall3 in such manner as he
considers appropriate3 cause the person declared to be a suspected international terrorist to be notified
as soon as is reasonabl( practicable.
93: @here a person declared a suspected international terrorist under subsection 91: possesses the
2auritian citi?enship as 4ell as the citi?enship of an( other countr( or State3 the 2inister ma( depri$e that
person of his 2auritian citi?enship in the manner specified in section 11 of the 2auritian +iti?enship )ct.
94: The 2inister ma( declare a group to be an international5 terrorist group if the group &

(a) is sub.ect to the control or influence of persons outside 2auritius3 and the 2inister reasonabl( suspects
that it is concerned in the commission3 preparation or instigation of acts of international terrorism6 or

9b: is listed as a group or entit( in$ol$ed in terrorist acts in an( /esolution of the Bnited 1ations Securit(
+ouncilor in an( instrument of the +ouncil of the ,uropean Bnion6 or

(c) is considered as a group or entit( in$ol$ed in terrorist acts b( such competent authorit( of such State as
the 2inister ma( appro$e.
95: /eference in this )ct to a proscribed organisation shall be deemed to include reference to an
international terrorist group3 and3 4hene$er applicable3 to a suspected international terrorist.
96: The 2inister ma(3 4ith respect to an( suspected international terrorist or an international terrorist group3
ma*e regulations to pro$ide &

(a) for the free?ing of his or its funds3 financial assets or other economic resources3 including funds deri$ed
from propert(3 o4ned or controlled directl( or indirectl(3 b( him or it3 b( persons acting on his or its behalf
or at his or its direction6
(b) for the pre$ention of his or its entr( into3 or transit in3 2auritius6
9c: for the prohibition of the direct or indirect suppl(3 sale and transfer to him or it of arms3 4eapons3
ammunitions3 militar( $ehicles and e0uipment3 paramilitar( e0uipment3 spare parts and related material3
and technical ad$ice3 assistance3 or training related to militar( acti$ities6

9d) that an( person 4ho contra$enes an( regulations made under this subsection shall commit an offence
and shall3 on con$iction3 be liable to penal ser$itude for a period not e-ceeding 5 (ears.
97: The 2inister shall gi$e notice of an( declaration made under subsections 91: and 94: in the =a?ette and
in such other manner as he deems fit.
9!: <or the purposes of this section3 5act of international terrorism5 means an act of terrorism in$ol$ing &

(a) a non&citi?en6 or
(b) an( person possessing dual citi?enship as specified in subsection 93:.
!! Re.ealed by [Act No /0 o# 200/$
!2 1o4ta5e4

91: )n( person 4ho &
(a) sei?es or detains6

(b) (b) threatens to *ill3 in.ure or continue to detain3 another person in order to
compel3 a third part( to do or abstain from doing an( act3 as an e-plicit or implicit condition for the release
of the hostage3

shall commit an offence.

92: In this section3 5third part(5 means a State3 an international go$ernmental organisation3 a natural or
.uridical person or a group of persons.

PART III ) TERRORIST CAS1 AN* TERRORIST PROPERT,

!/)!" Re.ealed by [Act No /0 o# 200/$

!3 *ealin5 in terrori4t .ro.erty

(1) 91: )n( person 4ho enters into3 or becomes concerned in3 an arrangement 4hich
facilitates the retention or control b(3 or on behalf of3 another person of terrorist propert(3 in an( manner3
including&

(a) 9a: b( concealment6
(b) 9b: b( remo$al from the .urisdiction6 or
(c) 9c: b( transfer to an( person3
shall commit an offence.


92: It shall be a defence for a person charged under subsection 91: to pro$e that he did not *no4 and had no
reasonable cause to suspect that the arrangement related to terrorist propert(.

!& Attac'ment o# .ro.erty

91: @here a person is charged or about to be charged 4ith an offence under this )ct3 the +ommissioner ma(
appl( to a Audge in +hambers for a pro$isional order attaching in the hands of the suspect or in the
hands of an( other specified person3 all mone(s and other propert( due3 or o4ing3 or belonging to3 or
held on behalf of3 the suspect.
92: )n order made under subsection 91: ma(&

(a) prohibit an( person from ma*ing mone( or other propert( a$ailable to or for the benefit of the suspect6
(b) pro$ide for the granting of authorit( to ma*e mone( or other propert( a$ailable to such persons and on
such conditions as ma( be specified in the order6
9c: re0uire the suspect to pro$ide such information or produce such document as ma( be re0uired or
reasonabl( needed for an in$estigation under this )ct6
(d) include such other condition as the Audge ma( impose.
93: The Audge in +hambers ma( appoint the #fficial /ecei$er or an( other suitable person to manage the
assets of the suspect during the period of operation of an #rder made under this section.
94: The +ommissioner shall &

(a) cause notice of the order to be published in the ne-t issue of the =a?ette and in 2 dail( ne4spapers6

(b) gi$e notice of the order to&

9i: all notaries6
9ii: ban*s3 financial institutions and cash dealers6
9iii: an( other person 4ho ma( hold or be $ested 4ith propert( belonging to or held on behalf of the suspect.
95: )n order under this section shall remain in force until the determination of an( charge or intended charge
under subsection 91: and3 in the e$ent of a con$iction3 until an order for forfeiture is made b( the court or
proceedings relating thereto are concluded.
96: @here an order under this section ceases to ha$e effect3 the +ommissioner shall cause notice thereof to
be published in the =a?ette and 2 dail( ne4spapers.
97: )n( pa(ment3 transfer3 pledge or other disposition of propert( made in contra$ention of an order under
this section shall be $oid.

!0 Pro.erty trac:in5

91: @here the +ommissioner has reasonable grounds to suspect that a person has committed3 is committing
or is about to commit an act of terrorism or is in possession of terrorist propert(3 he ma(3 for the purposes
of an in$estigation under this )ct3 appl( to a Audge in +hambers for an order &

(a) compelling the suspect to deli$er to him an( document rele$ant to identif(ing3 locating or 0uantif(ing an(
propert( belonging to3 or in the possession or control of that person6

(b) re0uiring a ban* or an( other commercial institution3 trustee3 cash dealer or custodian3 to produce to him
all information and deli$er to him all. documents regarding an( business transaction conducted b( or on
behalf of the suspect.

92: @here a person fails to compl( 4ith3 is dela(ing or is other4ise obstructing an order made under
subsection 9l:9a:3 the Audge in +hambers ma(3 upon information s4orn to that effect b( the
+ommissioner3 authorise the +ommissioner or an( officer deputed b( him to enter an( premises3
including a ban* or other financial institution3 and search the premises and remo$e an( document for the
purposes of e-ecuting such order.

PART IV ) E2TRA*ITION
Amended by [Act No /3 o# 200/$

!7)22 Re.ealed by [Act No /3 o# 200/$
PART V ) INVESTI(ATION
2/)2" Re.ealed by [Act No /3 o# 200/$

23 Intelli5ence 5at'erin5
91: 1ot4ithstanding an( other enactment3 the 2inister ma( for the purposes of the pre$ention or detection of
offences3 or the prosecution of offenders3 under this )ct3 gi$e such directions as appear to him to be
necessar( to &

(a) (a) communication ser$ice pro$iders generall(6

(b) (b) communication ser$ice pro$iders of a specified description6

(c) an( particular communication ser$ice> pro$ider.
92: ;efore gi$ing a direction under this section3 the 2inister ma( consult an( communication ser$ice pro$ider
he deems fit to consult.

(3) 93: ) direction under this section shall specif( the ma-imum period for 4hich a communication
ser$ice pro$ider ma( be re0uired to retain communications data.

94: In this section&

5communication ser$ice pro$ider5 means a person 4ho pro$ides postal3 or information and
communication3 including telecommunications3 ser$ice6

5data5 means information recorded in a form in 4hich it can be processed b( e0uipment operating
automaticall( in response to instructions gi$en for that purpose.
2& *etention o# aircra#t or 9e44el
91: )n authorised person ma( issue a detention order in respect of an aircraft or $essel if he is of opinion that
&

(a) a threat has been made to commit an act of $iolence against the aircraft or $essel3 or against an( person
or propert( on board the aircraft or $essel6 or

(b) an act of $iolence is li*el( to be committed against the aircraft or $essel3 or against an( person or
propert( on board the aircraft or $essel.
92: @here the operator of an aircraft or $essel fails to compl( 4ith a detention order under subsection 91:3 the
authorised person ma( &

(a) enter3 or authori?e an( other person to enter3 the aircraft or $essel6

(b) arrange for a person or thing to be remo$ed from the aircraft or $essel3

and ma( use reasonable force3 or authorise the use of reasonable force b( another person for an( such
purpose.
93: The authorised person shall gi$e 4ritten notice to the operator of the aircraft or $essel of an( detention
order issued under this section.
94: @here the operator of an aircraft or $essel ob.ects to a detention order3 the 2inister ma(3 after hearing
the interested parties3 confirm3 $ar( or cancel the order.
95: )n( person 4ho &
(a) 4ithout reasonable e-cuse3 fails to compl( 4ith the re0uirement of a detention order6
(b) intentionall( obstructs or hinders an( person acting in accordance 4ith subsection 92:3
shall commit an offence.
96: <or the purposes of this section3 the 2inister ma(3 in 4riting3 designate as an authorised person such
person as he deems appropriate.
20 *etention #or o##ence4 related to terrori4m
91: @here an( person is arrested under reasonable suspicion of ha$ing committed an( offence under section
33 43 53 63 73 12 or 153 a police officer not belo4 the ran* of Superintendent of Police ma(3 sub.ect to this
section3 direct that the person arrested be detained in police custod( for a period not e-ceeding 36 hours
from his arrest3 4ithout ha$ing access to an( person other than a police officer not belo4 the ran* of
Inspector3 or a =o$ernment 2edical #fficer and3 in an( such case3 that person shall be detained
accordingl(.

92: 1o direction under subsection 91: shall be made unless the Police officer has reasonable grounds to
belie$e that gi$ing access to an( person other than the Police officer not belo4 the ran* of Inspector or
the =o$ernment 2edical #fficer specified in that subsection &

(a) 4ill lead to interference 4ith or harm to e$idence connected 4ith an offence under section 33 43 53 63 73 12
or 153 or to interference 4ith3 or ph(sical in.ur( to3 other persons6 or
9b) 4ill lead to the alerting of other persons suspected of ha$ing committed such an offence but not (et
arrested for it6 or
(c) 4ill hinder the trac*ing3 search and sei?ure of terrorist propert(.
Amended by [Act No /0 o# 200/$
93: )s soon as a direction is issued under subsection 91:3 the person detained shall be informed that he ma(3
if he so 4ishes3 be e-amined b( a =o$ernment 2edical #fficer.
27 C64tody record and 9ideo recordin5
91: ) custod( record containing the information specified in the Third Schedule shall be *ept in respect of
an( person detained pursuant to the po4ers conferred b( section 27.
92: ) $ideo recording shall be made and *ept in the manner specified in the <ourth Schedule in respect of
an( person detained pursuant to the po4ers conferred b( section 27.
93: ) $ideo recording under this section shall3 not4ithstanding the common la4 rule against hearsa(3 be
admissible in e$idence in the course of an( .udicial proceedings to the same e-tent and in the same
manner as documentar( e$idence 4ould be admissible.
94: In this section3 5$ideo recording5 includes the recording of $isual images or sound b( electronic or other
technological means.

PART VI ) PROSEC+TION
28 Pro4ec6tion #or o##ence

91: 1o prosecution for an offence under this )ct shall be instituted e-cept b( or 4ith the consent of the
'irector of Public Prosecutions.
92: ) +ourt ma(3 on motion b( or on behalf of the 'irector of Public Prosecutions3 order that no person shall
publish &
(a) the name3 address or photograph of an( 4itness in an( case tried or about to be tried before it for an(
offence under this )ct6 or
(b) an( e$idence or an( other matter li*el( to lead to the identification of the 4itness.
93: ) +ourt ma(3 on motion b( or on behalf of the 'irector of Public Prosecutions3 in the interest of public
safet( or public order3 e-clude from proceedings instituted for an( offence under this )ct3 an( person
other than the parties and their legal representati$es.
(4) 94: )n( person 4ho contra$enes an order made under subsection 93: shall commit an
offence.

/0 E;tra)territorial <6ri4diction

) 2auritian +ourt shall ha$e .urisdiction to tr( an offence and inflict the penalties specified in this )ct
4here the act constituting the offence under sections 33 43 53 63 73 123 and 153 has been done or
completed outside 2auritius and &

(a) the $ictim is a citi?en of the /epublic of 2auritius or has an effecti$e lin* 4ith 2auritius or is dealing 4ith
or on behalf of the =o$ernment of 2auritius6

(b) the alleged offender is in 2auritius6 or

(c) the alleged offender is in 2auritius3 and 2auritius does not e-tradite him.

Amended by [Act No /0 o# 200/$

/! Com.etent Co6rt

91: Sub.ect to subsection 92:3 prosecution for an offence under this )ct shall ta*e place3 at the sole discretion
of the 'irector of Public Prosecutions3 before a Audge 4ithout a .ur(3 the Intermediate +ourt or the 'istrict
+ourt.

92: ) prosecution for an offence under section 3 shall ta*e place before a Audge 4ithout a .ur(.

93: 1ot4ithstanding an( other enactment3 the Intermediate +ourt shall ha$e &

(a) .urisdiction to impose an( penalt( pro$ided for an offence under this )ct pro$ided that the penalt( for an
offence does not e-ceed 2% (ears6 and

(b) po4er to order sentences imposed under this )ct to be ser$ed consecuti$el( pro$ided that the terms of
such sentences shall not in the aggregate e-ceed 3% (ears.
94: Sections 15%3 1513 152 and 153 of the +riminal Procedure )ct and the Probation of #ffenders )ct shall
not appl( to a con$iction for an offence under this )ct.
/2 Penaltie4

91: Sub.ect to subsection 93:3 an( person 4ho commits an offence against this )ct shall3 on con$iction3 be
liable &

(a) in the case of an offence under section 33 to penal ser$itude for a term of not less than 5 (ears nor more
than 35 (ears6
(b) in the case of an offence under sections 43 53 63 73 123 and 153 to penal ser$itude for a term of not less
than 3 (ears nor more than 2% (ears6

(c) in the case of an offence under sections ! and "3 to penal ser$itude for a term of not less than 2 (ears
nor more than 15 (ears6
(d) in the case of an offence under sections 26 and 2"3 to a fine not e-ceeding 5%3%%% rupees and to
imprisonment for a term not e-ceeding 5 (ears.
92: The +ourt before 4hich a person is con$icted of an offence under this )ct ma(3 in addition to an( penalt(
imposed b( the +ourt3 order the forfeiture of &
(a) an( terrorist cash3 4ith an( accrued interest3 or terrorist propert(6
(b) an( article3 substance3 de$ice or material b( means of 4hich the offence 4as committed6
(c) an( $ehicle or $essel used in the commission of the offence.
93: (a) )n( person 4ho has been con$icted of a conspirac( to commit an( of the offences under sections 33 43 53
63 73 12 or 15 shall be e-empted from penalt( as specified in subsection 91: and absolutel( discharged if3
ha$ing re$ealed the conspirac( to the police or to the +ourt3 he has made it possible to pre$ent the
commission of the offence and to identif( the other persons in$ol$ed in the conspirac(.
(b) 1ot4ithstanding subsection 91:3 the penalt( incurred b( an( person con$icted of an( offence referred to in
that subsection shall be reduced in such manner as the +ourt thin*s .ust 4here that person has3 before
an( proceedings3 made possible or facilitated the identification of the other guilt( persons3 or 4ho3 after
the commencement of proceedings3 has made possible or facilitated the arrest of such persons.
Amended by [Act No /0 o# 200/$

PART VII ) MISCE--ANEO+S

// Re56lation4

91: The 2inister ma(3 for the purposes of this )ct3 ma*e such regulations as he thin*s fit.
92: /egulations made under subsection 91: ma( pro$ide for&

(a) the t(pes of financial or other related ser$ices 4hich ma( not be pro$ided to proscribed organisations6

(b) the amendment of the Schedules.

/" Con4e=6ential amendment4

91: The Criminal Code >S6..lementary? Act is amended in section 1%"3 in subsection 92:3 b( deleting the
4ords Cor manslaughterD and replacing them b( the 4ords Cmanslaughter or an offence related to
terrorism under the Pre$ention of Terrorism )ct 2%%2.D

92: The Criminal Proced6re Act is amended in the <ifth Schedule b( adding the follo4ing ne4 paragraph3
the full stop at the end of paragraph 9g: being replaced b( a semi&colon &

9h: Pre$ention of Terrorism )ct 2%%23 section 3.

93: The Immi5ration Act is amended in section !3 in subsection 91:3 b( adding at the end the follo4ing ne4
paragraph &

91: persons declared suspected international3 terrorists under the Pre$ention of Terrorism )ct 2%%2.
94: The Ma6riti64 Citi@en4'i. Act is amended in section 113 in subsection 93: &

(a) in paragraph 9a:3 b( deleting the 4ords CSub.ect to paragraph 9bDE and replacing them b( the 4ords
CSub.ect to paragraphs 9b: and 9cDE6

(b) in subparagraph 9a:9l:3 b( adding immediatel( after the 4ord CStateD the 4ords Cor is3 or has been
declared3 a suspected international terrorist under the Pre$ention of Terrorism )ct 2%%2D6

(c) b( adding after paragraph 9b:3 the follo4ing ne4 paragraph &

9c: In the case of a person 4ho is declared a suspected international terrorist as specified in sub&paragraph
9a: 9i: &

9i: the 2inister ma(3 sub.ect to paragraph 9b:3 depri$e him of his citi?enship irrespecti$e of the manner in
4hich he ac0uired both the citi?enship of 2auritius and that of another State6

9ii: subsections 53 6 and 7 shall not be applicable.

/3 Commencement

Proclaimed by [Proclamation No !" o# 2002$ % e # !&
t'
Marc' 2002

----------


FIRST SC1E*+-E
9sections 2 and 17:

<inancial Ser$ices )ct 2%%7 - Amended by [Act No !" o# 2000$
Immigration )ct in so far it applies to section 5) Insurance )ct
Securities 9+entral 'epositor(3 +learing and Settlement: )ct
Securities )ct 2%%5 [Amended by [Act No 22 o# 2003$
Trusts )ct 2%%1
Bnit Trusts )ct
Amended by [Act No 22 o# 2003$A [Act No !" o# 2000$
SECON* SC1E*+-E
(section 11:
+i$il )$iation 9i.ac*ing and other #ffences: )ct3 sections 43 53 6 and 6)
Section 12 of this )ct
&&&&&&&&&&&&&&&&&&

T1IR* SC1E*+-E
(section 2! 91::

C64tody Record

1. ,ntries shall be made in the +ustod( /ecord in respect of all matters rele$ant to the
detention of the arrested person. In particular3 the entries shall be made in respect of the
follo4ing &
(a) (a) an accurate record of the time and place of
9i: the arrest6
9ii: the issue of the direction under section 276 and
9iii: each inter$ie43 including an( inter$ie4 immediatel( follo4ing his arrest3 of the person
detained6
(b) (b) the place or places 4here the inter$ie4 ta*es place6
(c) the time at 4hich the inter$ie4 begins and the time at 4hich it ends6
(d) an( brea* during the inter$ie46
9e) the names of persons present at the inter$ie4s6
9f) the time and reason for an( transfer of the detained person from one place of custod( to
another as 4ell as the time at 4hich the detention ends6
(g) an( propert( secured from the person on his arrest or during his detention6
(h) the name and ran* of the police officer upon 4hose authorit( an( action in relation to the
detained person is ta*en6 and
(i) the ground or grounds3 set out in section 2792:3 or 4hich the detention is
based.

2. The +ustod( /ecord shall be opened as soon as practicable after the start of a person>s
detention under section 27.
3. The person ma*ing an entr( in the +ustod( /ecord shall insert the time at 4hich the entr(
is made and his signature against the entr( made.
4. The +ustod( /ecord or cop( of the /ecord shall accompan( a detained person to an(
other place 4here he is transferred.
5. ) cop( of the +ustod( /ecord shall be supplied to the person detained or his legal
representati$e as soon as is practicable after he or the representati$e ma*es a re0uest
upon his release from detention or his being ta*en to court.
6. The person detained shall be allo4ed to chec* and shall be made to insert his signature in
respect of an( entr( in the +ustod( /ecord.
7. )n entr( shall be made in respect of an( refusal of the person detained to insert his
signature 4here such signature is re0uired.
!. ,ntries in the +ustod( /ecord shall be made as soon as practicable after the occurrence
of the e$ents to 4hich the( relate.
". ) police officer not belo4 the ran* of Inspector shall be responsible for ensuring the
accurac( and completeness of the +ustod( /ecord and that the +ustod( /ecord or a cop(
of the /ecord accompanies the detained person on his transfer.
1%. ,ntries in a computerised +ustod( /ecord shall be timed and shall contain e$idence of the
computer operator>s identit(.
&&&&&&&&&&&&&&&&&&&&&
FO+RT1 SC1E*+-E (section 27 >2??
Video Recordin5

1. The $ideo recording of the detained person during his period of detention under section 27
shall be carried out in such manner as to constitute an accurate3 continuous and
uninterrupted record of the 4hole period of his detention3 including his mo$ements3
inter$ie4s and statements.
2. @hen issuing the direction for detention under section 273 the Police #fficer shall ma*e
arrangements for the $ideo recording of the person detained during the 4hole of the period
of his detention.
3. The Police #fficer shall3 for the purposes of the $ideo recording3 designate a recording
officer under 4hose responsibilit( and control the $ideo recording shall be conducted.
4. The recording officer shall be responsible for starting3 4ithout dela( and immediatel( after
a direction is issued under section 273 and for continuing the $ideo recording 4ithout an(
interruption during the 4hole of the period of detention.
5. The recording officer shall3 in respect of the $ideo recording3 *eep a 4ritten record of the
follo4ing &
(a) the name of the person detained6
(b) the name and ran* of the recording officer6
(c) the name of the Police #fficer 4ho issued the direction under section 276
(d) the names of all the persons in$ol$ed in the $ideo recording6
(e) the identification numbers of the $ideo records used for $ideo recording6

(f) the date3 time of commencement3 duration and place of&
(i) 9i: the detention6 and
(ii) 9ii: the recording6
(g) the place at 4hich the $ideo records are *ept6
(h) particulars of the mo$ement of the $ideo records.
6. @here the person detained raises an( ob.ection during his period of detention or ma*es
an( statement3 the 4hole of his ob.ection or statement shall be recorded.
7. (a) The $ideo record3 referred to herein as the master $ideo record3 shall be sealed3 4ith a
label specif(ing that the record is a master $ideo record3 in the presence of the detained
person at the end of his period of detention.
(b) The recording officer shall sign the label and as* the detained person and an( third part(
present to sign the label.
9c: @here the detained person or the third part( refuses to sign the label3 another person ma(
be as*ed to sign it.
!. 9a) @here more than one $ideo record is used3 the recording officer shall ensure that all the
$ideo records are properl( identified and labelled.
(b) This shall be done b( mar*ing the $ideo records 4ith an identification number immediatel(
after the( are remo$ed from the recorder.
". The recording officer shall ma*e arrangements for the $ideo records to be *ept securel(
under loc* and *e( under the responsibilit( of an officer designated for that purpose.