 the  prevention  and  punishment  of  the  crime  of genocide  bill,  2016 byshri kirti  azad, mparrangement of clauses————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii offences3 punishment for offence of genocide 4 punishment for incitement of offence of genocide 5 punishment for being a part of unlawful assembly 6 punishment for organising a group and instigating the commission of the offenceof genocide7 punishment to owner or occupier of land or property on which a group or unlawfulassembly is organised for committing genocide8 harboring persons hired for an unlawful assembly or a group organised to commitany offence under this act9 punishment for promoting enmity between different group on the grounds of religion,race, place of birth, nationality, language, etc and doing acts to induce hatred and disharmony10 punishment for abetment of any offence under the act 11 punishment for abetment when one act abetted and different act done 12 punishment for conspiracy to commit an offence under this act 13 responsibility of superiors 14 every member of unlawful assembly guilty of offence committed in prosecution ofcommon object15 attempt to commit offences chapter iii prevention mechanism16 centre for research to prevent genocide clauses17 composition of the centre 18 officers and staff of the centre for research to prevent genocide 19 mandate of the centre for research to prevent genocide 20 centre to submit periodic assessment reports chapter iv establishment of genocide tribunal21 establishment of genocide tribunal 22 composition of the genocide tribunal 23 selection committee for appointment of chairperson and judicial members ofthe tribunal24 qualification for appointment of chairperson and judicial members 25 term of office and other conditions of service of chairperson and judicialmember26 resignation 27 salaries, allowances and other terms and conditions of service 28 removal and suspension of chairperson and judicial member 29 to act as chairperson of tribunal or to discharge his functions in certaincircumstances30 oath and secrecy and holding of office on ceasing to be such chairperson etc 31 tribunal to have exclusive jurisdiction 32 powers of the tribunal 33 staff of tribunal chapter v national genocide appellate tribunal34 establishment of the national genocide appellate tribunal 35 composition of the national genocide appellate tribunal 36 selection committee for chairperson and judicial members of the appellatetribunal37 qualification for appointment of chairperson and judicial member 38 term of office and other conditions of service of chairperson and judicial member 39 resignation 40 salaries, allowances and other terms and conditions of services 41 removal of chairperson and judicial member 42 judicial member to act as chairperson of tribunal or to discharge his functions incertain circumstances43 oath of office and secrecy chapter vi appeals44 appeals from conviction 45 appeal by state government against sentence 46 appeal in case of acquittal 47 appeal against conviction by national genocide appellate tribunal 48 powers of appellate tribunal chapter vii submission of death sentences for confirmation clauses49 sentence of death to be submitted by the state genocide tribunal, for confirmation 50 power to direct further inquiry to be made or additional evidence to be taken 51 power of the  appellate tribunal to confirm sentence or annual conviction chapter viii reference to high court52 reference to high court chapter ix witness protection53 witness protection fund 54 categories of witnesses 55 procedure for obtaining witness protection 56 types of protection chapter x miscellaneous57 act to have overriding effect 58 application of act, 2 of 1974, 1 of 1872 59 power to make rules bill no 11 of  2016 the prevention and punishment of the crime of genocide bill, 2016 byshri kirti azad, mp a billto establish a mechanism for prevention and punishment for the crime of genocide and for matters connected therewithbe  it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter  i preliminarydefinitions2 in this act, unless the context otherwise requires,—45 of 1860(a) "abetment" shall have the same meaning as assigned to it in section 107 of the indian penal code, 1860;45 of 1860(b) "abettor" shall have the same meaning as assigned to it in section 108 of the indian penal code, 1860;5(c) "competent authority", in relation to a state, means the secretary of the state legal services authority of that state, who is authorized to issue directions and pass orders for witness protection;(d) "criminal force" shall have the same meaning as assigned to it in section 350of the indian penal code, 1860;10 45 of 1860(e) "effective command and control" or "effective authority and control" means having the material ability to prevent and punish the commission of offences by subordinates;15(f) "genocide" means any of the following acts committed, whether in the time of war or in the time of peace, with an intent to destroy, in whole or in part, a national, ethnical, racial, religious, linguistic, social or any other similar stable and permanent group, as such:(i) killing members of the group;(ii) causing serious bodily or mental harm to the members of the group;20(iii) causing permanent impairment of mental faculties of members of the group through drugs, torture or similar techniques;(iv) deliberately inflicting on the group, such conditions of the life which are calculated to bring about physical destruction of the group either wholly or partly;25(v) deliberately contaminating, destroying or restricting access to such flora, fauna or any other natural or man-made resources on which a group is dependent for survival;(vi) imposing measures intending to prevent births within a group; and (vii) forcibly transferring children of group to another group;30(g) "in-camera proceedings" mean proceedings in which the public and media are not allowed to participate;(h) "live link" means a live television link or other such arrangement whereby a witness, while absent from the courtroom, can depose in the matter;(i) "superior" means:—35(a) a military commander or a person effectively acting as a military commander; or(b) any other superior, in as much as the crimes arose from activities within the effective authority and control of that superior;40(j) "threat analysis report" means a detailed report prepared and submitted by the officer investigating the case and shall include—(a) seriousness and credibility of the threat perception to a witness or his family members;(b) specific details about the nature of threats faced by the witness or his family to their life, reputation or property;(c) analysis of the intent, motive and resources of the person or persons making the threat to implement the threats; and(d) categorization of the threat perception and concrete steps required to be taken for witness protection;5(k) "unlawful assembly" means an assembly of three or more persons having the common object—first— to overawe by criminal force or show of criminal force, the central or any state government or the parliament or the legislature of any state or any public servant in the exercise of the lawful power of such public servant; orsecond— to resist the execution of any law or of any legal process; or10third— to commit any mischief or criminal trespass or other offenceunder this act; or15fourth— by means of criminal force or show of criminal force, to compel any person to do what he is not legally bound to do or to omit to do what he is legally entitled to doexplanation— an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly20(l) "witness" means any person who possesses information or document about any crime regarded by the competent authority as being material to any criminal proceedings and who has made a statement or who has given or agreed to give evidence in relation to such proceedings;(m) "witness protection fund" means the witness protection fund constituted under section 53; and25(n) "witness protection order" means an order passed by the competent authority detailing the steps to be taken for ensuring the safety of life, reputation or property of witness from threats to him or his family members and includes an interim order, if any, passed during the pendency of witness protection application chapter  ii offences303 whoever commits the offence of genocide shall be punished,—(a) when such offence leads to death, with death or life imprisonment; andpunishment for offence of genocide(b) in any other case, with imprisonment for life or imprisonment of eitherdescription for a term which may extend upto ten years and shall also be liable to fine354 whoever, publicly or otherwise, incites another person to commit any of the ingredients constituting the offence of genocide shall be punished,—punishment for incitement of offence of genocide(a) when such incitement results in commission of the offence of genocide,with life imprisonment or imprisonment of either description for a term which may extend upto twenty years and shall also be liable to fine; and40(b) in any other case, with imprisonment of either description for a term which may extend upto ten years and shall also be liable to fine 5 whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or bothpunishment for being a part of unlawful assembly45explanation—for the purpose of this section, 'member of unlawful assembly' means a person, who, being aware of the facts which render any assembly an unlawful assembly, intentionally joins that assembly, or contines in that assembly6 (1) whoever organizes, by hiring or engaging or employing or promoting or conniving at hiring, a group for the purpose of committing the offence of genocide, shall be punished with imprisonment of either description for a term which may extend upto seven years and shall also be liable to finepunishment for organizing agroup andinstigating the commission of the offence of genocide(2) whoever becomes a part of a group referred to in sub-section (1) shall be punished with imprisonment of either description for a term which may extend upto five years and shall also be liable to finepunishment to owner or occupier of land or property on which a group or unlawful assembly is organized for committing genocide7 whoever, being owner or occupier of any land or property or his agent or manager for such land or property, or having any interest in such land or property, knowing that such land or property was used or is being used for assembly of any group or unlawful assembly in furtherance of committing or inciting the commission of any offence under this act or has reasons to believe that such offence has been committed or is likely to be committed, do not give notice to the nearest police station at the first opportunity and do not, in case he has reasons to believe that it is about to be committed, use all lawful means in his power to prevent it, and in event of its taking place, do not use all lawful means in his power to disperse such an assembly or group, shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or both8 whoever, in occupation or charge or control of any house or land or premises harbors or receives or allows the assembly of persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly or a group organized to commit an offence under this act, shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or bothharboring persons hired for an unlawful assembly or a group organized to commit any offence under this act9 whoever,—(a) by words, either spoken or written, or by signs or visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste, community or any other ground whatsoever, disharmony or feelings of enmity or hatred or ill-will between different religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community, or(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community and which results in or is likely to result in commission of any offence under this act, or punishment for promoting enmity between different groups on the grounds of religion, race, place of birth, nationality language, etc and doing acts to induce hatred and disharmony(c) organizes any exercise, movement, drill or any other similar activity intending that the participants in such activity, shall use, or be trained to use, criminal force or violence, or knowing it to be likely that the participants in such activity shall use, or be trained to use, criminal force or violence, or participates in such activity, intending to use, or be trained to use, criminal force or violence against any religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community, and such activity for any reason whatsoever causes or is likely to cause the commission of any offence under this act, shall be punished with imprisonment of either description which may extend upto five years or with fine or both 10 whoever abets the commission of any offence under this act shall be punished with the same punishment as provided for that offencepunishment for abetment of any offence under the act11 where abetment of commission of an offence under this act results in commission of a different offence under this act, the abettor shall be punished with the same punishment as provided for the offence committedpunishment of abetment when one act abetted and different act done5 10 15 20 25 30 35 404512 whoever is a party to a criminal conspiracy to commit an offence under this act shall be deemed to be guilty of abetting the commission of that offence and shall be punished accordinglyp u n i s h m e n t for conspiracy to commit an offence under this act responsibility of superiors513 in addition to other grounds of criminal responsibility for commission of offences under this act,—(a) a military commander or person effectively acting as a military commander shall be criminally responsible for offences committed by forces under his effective command and control or effective authority and control, as the case may be, if—10(i) that military commander or person either knew or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offence; and15(ii) that military commander or person fails to take all necessary and reasonable measures within his power to prevent or repress the commission of such offence or fails to submit the matter to the competent authority for investigation and prosecution; and (b) a superior officer shall be criminally responsible for offences committed by subordinates under his effective authority and control, if—20(i) the superior either knows or consciously disregards information, which clearly indicates that the subordinates are committing or about to commit such offence;(ii) the activities concerning offences are within the effective responsibility and control of the superior; and(iii) the superior fails to take all necessary and reasonable measures within his power to prevent or repress the commission of such offence or fails to submit the matter to the competent authority for investigation and prosecution2514 where an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly or where any such member knows that the offence is likely to be committed in prosecution of that object, every such member shall be deemed to be guilty of commission of that offenceevery member of unlawful assembly guilty of offence committed in prosecution of common object30attempt to commit offences15 whoever attempts to commit an offence punishable under this act with imprisonment, or to cause such an offence to be committed, shall be punished with imprisonment for a term which may extend upto one-half of the longest term of imprisonment provided for that offence or with such fine as is provided for that offence or with both chapter iii35 prevention mechanism16 (1) the central government shall, by notification, with effect from such date as may be specified therein, establish a centre for research to prevent genocide, hereinafter referred to as the centrecentre for research to prevent genocide(2) the centre shall have its principle seat at new delhi40(3) the central government may, by notification, establish regional offices of thecentre at such places as it may deem necessarycomposition of the centre17 (1) the centre shall consist of experts in the field of international laws, genocide, conflict management and allied fields(2) the centre shall consist of such number of members as the central government may, by notification, decide18 (1) the central government shall appoint such number of officers and staff to the centre for effective implementation of the provisions of this actofficers and staff of the centre5(2) the salary and allowance payable to and other terms and conditions of service of officers and staff of the centre shall be such as may be prescribed19 the centre shall undertake research with the following objectives:—mandate of the centre(a) to understand the social, economic and other factors preceding the outbreak of genocide and develop a statistical model for the same;(b) to develop an early warning system that can predict the outbreak of genocide;10(c) to conduct periodic assessment studies and identify high risk areas within the country which are susceptible to incidents of genocide; and(d) to develop and suggest conflict transformation methodology for effective control of any imminent outbreak of genocide1520 the centre shall conduct periodic assessment of the situation at identified risk areas and submit reports thereof to the central government in such form and manner as may be prescribedcentre to submit period assessment reports chapter iv establishment of genocide tribunal20establishment of genocidetribunal21 the central government shall, by notification, establish with effect from such date as may be specified therein, a tribunal to be known as the genocide tribunal in each state and union territory, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act22 the tribunal shall consist of—25(a) a full time chairperson; andcomposition of the genocide tribunal(b) not less than two but subject to maximum of four full time judicial members as the central government may, from time to time, notify3023 (1) the central government shall, in consultation with the state government concerned, constitute a selection committee for the appointment of the chairperson and judicial members of the genocide tribunal(2) the selection committee shall consist of,—(a) the chief justice of the concerned high court as the chairperson; and (b) three senior-most judges of the concerned high courtselection committee for appointment of chairperson and judicial members of the tribunal3524 (1) a person shall not be qualified for appointment as the chairperson of the tribunal, unless he is, or has been the chief justice of a high court(2) a person shall not be qualified for appointment as judicial member of the tribunal unless he is, or has been a district or a session judgequalification for appointment of chairperson and judicial members4025 the chairperson and the judicial members of the tribunal shall hold office for aterm of five years from the date on which they enter upon their office and shall be eligible for re-appointmentterm of office and other conditions of service of chairperson and judicial member resignation26 the chairperson and judicial members may, by notice in writing under their handaddressed to the central government, resign their office27 the salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chairperson and the judicial members shall be such as may be prescribedsalaries, allowances and other terms and conditions of services28 (1) the central government may, in consultation with the chief justice of india, remove from office the chairperson or judicial member of the tribunal, who,—5| (                                        | a   | ) has been adjudged an insolvent; or                                                 ||------------------------------------------|-----|--------------------------------------------------------------------------------------|| removal and                              |     |                                                                                      || suspension of                            |     |                                                                                      || chairperson                              |     |                                                                                      || and judicial                             |     |                                                                                      || member                                  |     |                                                                                      || (                                        | b   | ) has been convicted of an offence which, in the opinion of the central              || government, involves moral turpitude; or |     |                                                                                      || (                                        | c   | ) has become physically or mentally incapable; or                                    || 10                                       |     |                                                                                      || (                                        | d   | ) has acquired such financial or other interest as is likely to affect prejudicially || his functions; or                        |     |                                                                                      || (                                        | e   | ) has so abused his position as to render his continuance in office prejudicial      || to the public interest                  |     |                                                                                      |15(2) the chairperson or judicial member shall not be removed from his office except by an order made by the central government after an inquiry made by a judge of the supreme court in which such chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges20judicial member to act as chairperson of tribunal in certain circumstances29 in the event of occurrence of the vacancy in the office of the chairperson of tribunal, by reason of his death, resignation or otherwise, such judicial member of the tribunal as the central government may, by notification, authorise in this behalf, shall act as the chairperson until the date on which a new chairperson is appointed in accordance with the provisions of this actoath of office and secrecy2530 (1) the chairperson and judicial member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form, manner and before such authority, as may be prescribed(2) the chairperson and the judicial members shall not hold any other office during their tenure as a chairperson or a judicial member(3) on ceasing to hold office the chairperson or a judicial member shall not appear, plead or act before the tribunal or the appellate tribunal30| tribunal       ||----------------|| have exclusive || jurisdiction  |31 notwithstanding anything contained in any other law for the time being in force, the state genocide tribunal shall have the exclusive jurisdiction to try the offences under this actpowers of the tribunal32 notwithstanding anything contained in any other law for the time being in force,the state genocide tribunal shall exercise the same powers as that of a court of sessions, as defined under the code of criminal procedure, 197335staff of tribunal33 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the tribunal in the discharge of its functions(2) the recruitment of the officers and other employees of the tribunal shall be made by the chairperson in such manner as may be prescribed40(3) the officers and other employees of the tribunal shall discharge their functionsunder the general superintendence of the chairperson(4) the salaries and allowances and conditions of service of the officers and other employees of the tribunal shall be such as may be prescribed chapter v national genocide appellate tribunal34 (1) the central government shall, by notification, establish an appellate tribunal to be known as the national genocide appellate tribunalestablishment of the national genocide appellate tribunal5(2) the appellate tribunal shall hear and dispose of appeals against any order passed,direction issued or decision made by the genocide tribunal(3) the appellate tribunal shall sit at new delhi, or at such other places as the central government may, from time to time, appoint35 the appellate tribunal shall consist of—| (                                                 | a   | ) a full-time chairperson; and                                             ||---------------------------------------------------|-----|----------------------------------------------------------------------------|| 10                                                |     |                                                                            || composition                                       |     |                                                                            || of the                                            |     |                                                                            || appellate                                         |     |                                                                            || tribunal                                         |     |                                                                            || (                                                 | b   | ) not less than two but subject to maximum of four judicial members as the || central government may from time to time, notify |     |                                                                            |36 (1) the chairperson and judicial members of the appellate tribunal shall be appointed by an appointment committee consisting of—| (                           | a   | ) the chief justice of india as the chairperson;                                   ||-----------------------------|-----|------------------------------------------------------------------------------------|| 15                          |     |                                                                                    || (                           | b   | ) four senior-most judges of the supreme court of india                           || appointment                 |     |                                                                                    || committee for               |     |                                                                                    || appointment of              |     |                                                                                    || chairperson                 |     |                                                                                    || and judicial                |     |                                                                                    || members of the              |     |                                                                                    || appellate                   |     |                                                                                    || tribunal                   |     |                                                                                    || (                           | 2   | ) the manner of selection of panel of names shall be such, as may be prescribed by || the supreme court of india |     |                                                                                    |37 (1) a person shall not be qualified for appointment as the chairperson of the appellate tribunal, unless he is or has served as a judge of the supreme court of india20(2) a person shall not be qualified for appointment as the judicial member of the appellate tribunal unless he is or has served as a judge of a high courtqualification for appointment of chairperson and judicial member2538 the chairperson and the judicial member of the appellate tribunal shall holdoffice for a term of five years from the date on which they enter upon their office and shall be eligible for re-appointmentterm of office and other conditions of service of chairperson and judicial memberresignation39 the chairperson and judicial member of the appellate tribunal may, by notice inwriting under their hand addressed to the central government, resign their office40 the salaries and allowances payable to, and the other terms and conditions ofservice (including pension, gratuity and other retirement benefits) of, the chairperson and judicial member shall be such as may be prescribed30salaries, allowances and other terms and conditions of service41 (1) the central government may, in consultation with the chief justice of india, remove from office of the chairperson or judicial member of the appellate tribunal, who,—removal of chairperson and judicial member(a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or35(c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or40(e) has so abused his position as to render his continuance in office prejudicial to the public interest(2) the chairperson or judicial member shall not be removed from his office except by an order made by the central government after an inquiry made by a judge of the supreme court in which such chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges542 in the event of occurrence of vacancy in the office of the chairperson, by reason of his death, resignation or otherwise, the senior most judicial member shall act as the chairperson, until the date on which a new chairperson is appointed, in accordance with the provisions of this actjudicial member to act as chairperson of appellate tribunaloath of office and secrecy1043 (1) the chairperson and judicial member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form, manner and before such authority, as may be prescribed(2) the chairperson and the judicial members shall not hold any other office during their tenure as a chairperson or a judicial member(3) on ceasing to hold office, the chairperson or a judicial member shall not appear, plead or act before the tribunal or the appellate tribunal15 chapter vi appealsappeals from conviction44 (1) any person aggrieved by an award, order or decision of the genocide tribunal may file an appeal to the appellate tribunal, in such form and manner, as may be prescribed, within ninety days from the date of such award, order or decision20(2) any person aggrieved by any award, order or decision of the appellate tribunal, may file on appeal to the supreme court, within ninety days from the date of such award, order or decision in such form and manner, as may be prescribed2545 (1) the state government may, in any case of conviction, on a trial held by the genocide tribunal direct the public prosecutor to present an appeal against the sentence, to the appellate tribunal on the ground of its inadequacyappeal by state government against sentence(2) when an appeal has been filed on the ground of inadequacy, the appellate tribunal shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for reduction of the sentence30(3) where the appellate tribunal upholds or reduces the sentence, the state government may direct the public prosecutor to present an appeal to the supreme court of india on the ground of inadequacyappeal in case of acquittal46 (1) the state government may direct the public prosecutor to present an appeal to the appellate tribunal from an order of acquittal passed by the state genocide tribunal35(2) no appeal to the appellate tribunal shall be entertained except with the leave of the national genocide appellate tribunal40(3) if such an order of acquittal is passed in any case instituted upon a complaint, and the appellate tribunal, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the appellate tribunal47 where the appellate tribunal, on appeal, reverses an order of acquittal of an accused person and convicts him to sentence of death or imprisonment for life, he may appeal to the supreme courtappeal against conviction by national genocide appellate tribunal4548 after perusing such records and hearing the appellant or his pleader, if he appears, and the public prosecutor, if he appears, and in case of an appeal under section 46 orpowers of appellate tribunalsection 47, the accused, if he appears, the appellate tribunal may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may,—(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;5(b) in an appeal from a conviction—(i) reverse the finding and sentence or acquit the accused, or order him to be re-tried by a tribunal of competent jurisdiction subordinate to such appellate tribunal, or(ii) alter the finding, maintaing the sentence, or10(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence:—15(i) reverse the finding and sentence or acquit the accused or order him to be re-tried by a court competent to try the offence, or(ii) alter the finding maintaining the sentence, or (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same (d) in an appeal from any other order, alter or reverse such order;20(e) make any amendment or any consequential or incidental order that may be just or proper:provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:25provided further that the appellate tribunal shall not inflict greater punishment for the offence than that ordered for that offence by the court passing the order or sentence under appeal chapter vii submission of death sentences for confirmation3049 (1) when the state genocide tribunal passes a sentence of death, the proceedings shall be submitted to the appellate tribunal, and the sentence shall not be executed unless it is confirmed by the appellate tribunal(2) the state genocide tribunal shall commit the convicted person to jail custody under a warrantsentence of death to be submitted by the state genocide tribunal for confirmation3550 (1) if when such proceedings are submitted, the appellate tribunal thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the state genocide tribunalpowers to direct further inquiry to be made or additional evidence to be taken(2) unless the appellate tribunal otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken51 in any case submitted under section 49, the appellate tribunal—40(a) may confirm the sentence or pass any other sentence warranted by law, orpowers of the appellate tribunal to confirm sentence or annul conviction(b) may annul the conviction, and convict the accused of any offence of which the state genocide tribunal might have convicted him, or order a new trial on the same or on amended charge, or(c) may acquit the accused person: provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of 5 chapter viii reference to high courtreference to high court1052 (1) where the state genocide tribunal is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court in whose jurisdiction that tribunal is situated or by the supreme court, the state genocide tribunal shall state a case setting out its opinion and the reasons therefore, and refer the same for the decision of the high court15explanation—in this section, "regulation" means any regulation as defined in the general clauses act, 1897 (10 of 1897), or in the general clauses act of a state(2) the state genocide tribunal may, if it thinks fit in any case pending before it to which the provisions of sub-section (1) do not apply, refer for the decision of the high court any question of law arising in the hearing of such case20(3) the state genocide tribunal making reference to the high court under sub-section(1)  or sub-section (2) may, pending decision of the high court thereon, either commit the accused to jail or release him on bail to appear when called upon chapter ix witness protection25witness protection fund53 (1) the central government shall, by notification in the official gazette, constitute a fund for each state to be known as the witness protection fund for implementation of witness protection order passed by the competent authority(2) the witness protection fund shall consist of the following:—30(a) budgetary allocation made in the annual budget by the central governmentor a state government, as the case may be;(b) receipt of amount of fines imposed and ordered to be deposited by the tribunalsin the witness protection fund(c) donations and contributions from international, national, philanthropist,charitable institutions, organisations and private individuals35(3) the fund shall be administered by the registrar general of the high court of the concerned statecategories of witness54 based on the threat levels, witnesses shall be classified into the following categories:—40| category 'a':                                                                            |  where the  threat extends to life of witness or his family members   ||------------------------------------------------------------------------------------------|-----------------------------------------------------------------------|| and their normal way of living is affected for a substantial period during investigation |                                                                       || trial or even thereafter                                                                |                                                                       || category 'b':                                                                            | where the threat extends to safety, reputation or property of the     || witness or his family members only during the investigation process or trial            |                                                                       |45| category 'c':                                                                        ||--------------------------------------------------------------------------------------|| intimidation of the witness or his family members, reputation or property during the || investigation process                                                               |55 (1) any person who is a witness or intends to be a witness in any proceeding under this act, shall make an application to the competent authority for obtaining protectionprocedure for obtaining witness protection5(2) the competent authority shall pass an order directing the concerned investigatingofficer to conduct a threat assessment study and  submit a report, indicating the level of threat within a period of seven days(3) if the apprehended level of threat is high and imminent, the investigating agency shall provide interim protection to the applicant witness(4) within two days from the receipt of the threat assessment report, the competent authority based on the threat level shall pass a witness protection order10(5) upon any such order according protection to witnesses, passed by the competent authority, the competent authority shall monitor the execution of the order and conduct monthly reviews, the report of which shall be submitted to the state genocide tribunaltypes of protection56 the witness protection order measures ordered shall be proportional to the threatof life and property of the witness and may include the following:—15(a) safeguards to the witness so that he could not come face to face duringinvestigation or trial with the accused;(b) monitoring of mail and telephone calls of witnesses; (c) arrangement with the telephone company to change the telephone number ofwitnesses or assign him an unlisted telephone number;20(d) installation of security devices such as security doors, cctv, alarms, fencingat the residence of witness;(e) concealment of identity of the witness by referring to him with the changedname;(f) emergency contact persons for the witness;25(g) close protection, regular patrolling around the witness's house; (h) temporary change of residence to a relative's house or a nearby town; (i) escort to and from the court and provision of government vehicle or a statefunded conveyance for the date of hearing;(j) holding of in-camera trials;30(k) allowing a support person to remain present during recording of statementand deposition;35(l) usage of specially designed vulnerable witness court rooms which havespecial arrangements like live links, one way mirrors and screens apart from separate passages for witness and accused, with option to modify the image of face of the witness and to modify the audio feed of the witness's voice, so that he is not identifiable;(m) expeditious recording of deposition during trial on day to day basis withoutadjournments;40(n) awarding time to time periodical financial aids/grants to the witness fromwitness protection fund for the purpose of re-location, sustenance or starting new vocation/profession, if desired;(o) any other form of protection measures considered necessary, and specifically, those requested by the witness chapter x miscellaneous| 57                                                                                   |  the provisions of this act shall have effect notwithstanding anything inconsistent   ||---------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| therewith contained in any other law for the time being in force                     |                                                                                       || act to have                                                                           |                                                                                       || overriding                                                                            |                                                                                       || effect                                                                               |                                                                                       || application of                                                                        |                                                                                       || act 2 of 1974                                                                        |                                                                                       || 1 of 1872                                                                            |                                                                                       || 5                                                                                     |                                                                                       || 58                                                                                   | except wherein specific procedure is provided for in this act, the provisions of      || the code of criminal procedure, 1973 and the indian evidence act, 1872 shall apply to |                                                                                       || this act                                                                             |                                                                                       || power to make                                                                         |                                                                                       || rules                                                                                |                                                                                       || 59                                                                                   | (                                                                                     || for carrying out the purposes of this act                                            |                                                                                       |10 15(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe convention on the prevention and punishment for the crime of genocide, 1948was the first international effort which recognized genocide as a crime against humanity and aimed at ensuring that the horrors of the holocaust of the jews, should not be repeated anywhere else in the world however, due to lack of concerted efforts and ignorance of nation states, the world witnessed some of the worst genocides in human historyindia signed the convention on the prevention and punishment for the crime of genocide, 1948 on 29th november, 1949 and ratified the convention ten years later on 27th august, 1959 however, no concrete steps were taken to enact a legislation concerning addressing the issue india too fell prey to this menace, and witnessed some of the worst crimes perpetrated in indian history, which qualifies as genocide under the convention what is appalling is that we still did not learn our lessons well india conveniently refused to sign the international treaty which led to the establishment of the international criminal court at geneva, which was established to prosecute perpetrators of crimes against humanity due to the lack of any specific legislation on genocide, and our unfulfilled international obligations, these crimes were not adequately punished in such circumstances, the need for a strong legislation on genocide becomes more pressingthe proposed bill seeks to achieve the objectives by—(i) defining the term genocide and stringent punishment for the offence of genocide;(ii) establishing of centre for research to prevent genocide to provide early warning of possible genocides;(iii) setting up of genocide tribunal in each state and a national genocide appellate tribunal; and(iv) providing a comprehensive witness protection programmehence, this billnew delhi;kirti  azaddecember 11, 2015 financial memorandumclause 16 of the bill provides for establishment of a centre for research to prevent genocide clause 18 provides for appointment of officers and staff to the centre clause 21 provides for establishment of genocide tribunal clause 27 provides for salary, allowances and other terms and conditions of services of chairperson and judicial member of the tribunal clause 33 provides for recruitment of officers and employees of tribunal clause 34 provides for establishment of national genocide appellate tribunal clause 40 provides for salary, allowances and other terms and conditions of services of chairperson and judicial member of the appellate tribunal clause 53 provides for constitution of witness protection fund the bill, therefore, if enacted, would involve expenditure from the consolidated found of india it is estimated that recurring expenditure of about rupees seven hundred crore would involved per annuma non-recurring expenditure of about rupees four thousand crore is likely to be involved memorandum  regarding  delegated  legislationclause 59 of the bill empowers the central government to make rules for carrying out the provisions of this act as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billestablish a mechanism for prevention and punishment for the crime of genocide and for matters connected therewith————(shri kirti azad, mp)gmgipmrnd—4179ls(s3)—12022016