Section 1 Short title, extent and commencement.
(1) This Act may be called the Geneva ConventionsAct, 1960.
(2) It extends to the whole of India.
(3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Conventions" means the Conventions set out in the Schedules; and the First Convention, theSecond Convention, the Third Convention and the Fourth Convention mean the Conventions set outin the First, Second, Third and Fourth Schedules, respectively;
(b) "court" does not include a court-martial or military court;
(c) "protected internee" means a person protected by the Fourth Convention and interned in India;
(d) "protecting power", in relation to a protected internee or a protected prisoner of war, meansthe power or organisation which is carrying out, in the interests of the power of which he is a nationalor of whose forces he is or was at any material time a member, the duties assigned to protectingpowers under the Third Convention or, as the case may be, the Fourth Convention;
(e) "protected prisoner of war" means a person protected by the Third Convention.
Section 3 Punishment of grave breaches of conventions.
(1) If any person within or without Indiacommits or attempts to commit, or abets or procures the commission by any other person of, a gravebreach of any of the Conventions he shall be punished,--
(a) Where the offence involves the wilful killing of a person protected by any of the Conventions,with death or with imprisonment for life; and
(b) in any other case, with imprisonment for a term which may extend to fourteen years.
(2) Sub-section (1) applies to persons regardless of their nationality or citizenship.
(3) For the purposes of this section,--
(a) a grave breach of the First Convention is a breach of that Convention involving an act referredto in article 50 of that Convention committed against persons or property protected bythat Convention;
(b) a grave breach of the Second Convention is a breach of that Convention involving an actreferred to in article 51 of that Convention committed against persons or property protected bythat Convention;
(c) a grave breach of the Third Convention is a breach of that Convention involving an actreferred to in article 130 of that Convention committed against persons or property protected by thatConvention; and
(d) a grave breach of the Fourth Convention is a breach of that Convention involving an actreferred to in article 147 of that Convention committed against persons or property protected by thatConvention.
Section 4 Liability of persons for offences committed outside India.
When an offence under this Chapteris committed by any person outside India, he may be dealt with in respect of such offence as if it had beencommitted at any place within India at which he may be found.
Section 5 Jurisdiction of court.
No court inferior to that of a chief presidency magistrate or a Court ofSession shall try any offence punishable under this Chapter.
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