Section 206: Prohibition of enforced appearance

1) No person shall subject, or cause to be subjected, anyone to enforced disappearance.

2) For the purposes of sub-section (1), the term “enforced disappearance” means any of the following acts:

(a) The arrest, detention or any other form of control of a person by a person or security personnel having authority by law to make arrest, investigation or enforcement of law, followed by a failure to produce such person before the case trying authority within twenty-four hours of the date of such arrest or deprivation of liberty, excluding the time required for journey, or a refusal to allow the concerned person to meet such person, and/or by concealment of information as to where, how and in what condition such person has been so held,

(b) The abduction, custody, control or any other form of deprivation of liberty of a person by any person, organization or group, whether organized or not, followed by concealment of information to the concerned person as to the reason for such deprivation and where, how and in what condition such person has been so held,

3) A person who orders the commission of enforced disappearance of a person upon arrest, detention or control of such person and a person who implements such order shall be considered to be the principal offender of enforced disappearance.

4) Where an act of enforced disappearance is committed in pursuance of order or direction given by a person holding public office or by the responsible person of an organization or group, whether organized or unorganized, the person giving such order or direction shall be liable as the principal offender of enforced disappearance.

5) A superior who, despite knowing that his or her subordinate official, body or group was committing or about to commit an act of enforced disappearance, disregards such information or fails to take necessary measures to prevent the commission of such act shall also be considered to have committed the offence under this Section.

6) Where a person has been subjected to enforced disappearance by two or more persons jointly, every person involved in such act shall be equally liable as the offender.

7) A person who commits the offence referred to in sub-section (1) shall be liable to the following sentence:

(a) In the case of the principal offender of enforced disappearance, a sentence of imprisonment for a term not exceeding fifteen years and a fine not exceeding five hundred thousand rupees, having regard to the duration and circumstances of such enforced disappearance,

(b) In the case of a person who is an accomplice or conspires to the commission of enforced disappearance, the same sentence as is imposable on the principal offender, and in the case of a person who attempts to or facilitates the commission of enforced disappearance, half the sentence imposable on the principal offender.

8) A person who does an act constituting the offence referred to in sub-section (1) against a woman or child shall be liable to an additional sentence of imprisonment for a term of two years, in addition to the sentence to be imposed pursuant to sub-section (7).

9) Where a person has committed any other offence punishable by law against anyone who has been subjected to enforced disappearance, during such disappearance, he or she shall be liable to the additional sentence under this Section, in addition to the sentence imposable by law for such offence.

10) A person who subjects any one to enforced disappearance by using any government vehicle, building, arms and ammunition or goods shall be liable to an additional sentence of imprisonment for a term of one year, in addition to the sentence imposable under this Section.