(4) If any person or entity does any act or fails to do an act in contravention of sub-section (1) (e)-(h), person or entity commits an offence of terrorist activity and shall be punished as per provision of section 6(2) or 6(3)(A) or, as the case may be, 6(3)(B). (5) If any reporting agency fails to comply with the directions issued by BFIU under this section or fails to take immediate freezing action required under this section, the said reporting agency shall be liable to pay a fine determined and directed by BFIU up to taka 25 (twenty five) lac but not less than 05 (five) lac or twice the value of the suspected fund, whichever is greater, and Bangladesh Bank may also suspend the registration or license with intent to stop operation of the said agency or any of its branches, service centers, booths or agents within Bangladesh or, as the case may be, shall inform the registering or licensing authority about the subject matter to take appropriate action against the agency. (6) If any charge of negligence in implementing the provisions of this section is proved against any public servant an administrative actions shall follow in accordance with the respective service rules. Fifth Chapter Investigation of Offences 21. Special provisions with regard to examination of witnesses by police.– (1) If any police officer, while investigating any case under this Act, finds it necessary to examine any person acquainted with the facts and circumstances of the case and, if the police officer has knowledge or reasonable grounds to believe that the said person is capable of giving a description of the facts in writing, the police officer with consent of the person, may take a written description of the facts from that person. (2) The said person shall make his statement or description of the facts in writing under his hand and shall sign the same. (3) Notwithstanding contained in the Evidence Act, any discussion and conversation through Face book, Skype, Twitter or any other internet site by the terrorist person or entity or still picture or video involving their offence are presented by the police or law enforcement agency to the Court for the purpose of investigation, the presented information by the police or law enforcement agency shall be treated as evidence to the Court. 22. Special provision with regard to recording of statement of a witness by a Magistrate.– If any Metropolitan Magistrate, [Judicial Magistrate], or any Magistrate of the Second Class specially empowered in this behalf, has knowledge or reasonable grounds to believe that the person acquainted with the facts and circumstances of the case is capable of presenting his statement in writing, he may direct that person to give his statement by writing under his hand. 23. Special provision regarding recording of confession of an accused person.– At the time of recording a confessional statement of an accused person by any Metropolitan Magistrate, Chief Judicial Magistrate or Judicial Magistrate or any Magistrate specially empowered in this regard, if the person is capable and willing to present a written statement regarding the facts, then the person shall be given permission to record his confessional statement by writing with his hand. 23. (A) Special provision with regard to forfeiture or freezing of terrorist property during investigation: (i) If an officer investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted, have proceeds of terrorism, he shall, with prior approval in writing of the District Magistrate in which district such property is situated, who after verifying the petition of investigating officer and if satisfied, may allow to seize such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with prior permission of the officer making such order. (ii) If the terrorist property have been mingled with the property acquired from legitimate sources, such property, up to the value of the mingled terrorist property or where the value of the terrorist property cannot be determined, full value of the mingled property shall be liable to seizure or attachment by the investigation officer following the procedure delineated in this section. (iii) The investigating officer shall duly inform the government within 48 hours about seizure or attachment of such property and the government shall either confirm or revoke the order of seizure or attachment so issued within a period of sixty days from the date of such attachment or seizure order have been issued. Provided that an opportunity of making a representation by person whose property is being seized or attached shall be given. (iv) Time period of such attachment or seizure of any property under sub-section (3) shall continue until the investigation report submitted to the court. 24. Time-limit for investigation.– (1) Any police officer shall complete the investigation of any case under this Act within [60 (sixty) days] of the date on which information was received or recorded under section 154 of the Code of Criminal Procedure. Anti Terrorism Act 2009.doc/- 9 -

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