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[Cites 0, Cited by 0] [Section 43] [Entire Act]

Union of India - Subsection

Section 43(1) in The Prevention Of Terrorism Act, 2002

(1)Notwithstanding anything contained in any other provision of this Chapter, an officer not below the rank of Additional Director General of Police or a police officer of equivalent rank who reasonably determines that
(a)an emergency situation exists that involves
(i)immediate danger of death or serious physical injury to any person; or
(ii)conspiratorial activities threatening the security or interest of the State; or
(iii)conspiratorial activities, characteristic of a terrorist act, that requires a wire, electronic or oral communication to be intercepted before an order from the Competent Authority authorising such interception can, with due diligence, be obtained; and
(b)there are grounds on which an order should be issued under this section to authorise such interception, may authorise, in writing, the investigating officer to intercept such wire, electronic or oral communication, if an application for an order approving the interception is made in accordance with the provisions of sub-sections (1) and (2) of section 38 within forty-eight hours after the interception has occurred, or begins to occur.