The Geneva Conventions Act, 1960

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The Geneva Conventions Act has been incorporated on 12th March 1960. This Act has been established to enable effect to certain international Conventions done at Geneva on 12th August 1949 in which India is a party. Under this Convention, it was discussed on comparative studies between the Geneva Conventions Act, 1949 with the Geneva Conventions Act, 1960 and other domestic law within the legal framework in India.

If any person who acts or attempts to act unlawfully against the Conventions shall be punished from Life imprisonment that may exceeds to Death punishment. This may be applicable to any people who are the Citizenship of India or Citizen of any other Countries.  In case of any grave breach in every Conventions they such person shall be punished or treated according to the Article specified under this Act.

In case if the Person committed such grave breach against this Conventions shall be the Citizen other than India, shall be equally treated as though he belongs to our Indian Citizenship. He shall be made liable for punishments for offences committed, no matter where he belongs to.

In case of adjudication of the Offences committed under this Act by such person of any citizenship shall be treated by no Courts Lower than Chief Presidency Magistrate or Court of Sessions has Jurisdiction to entertain such matter in pursuance to this Act. In case if the person committed grave breach of Convention through Civil Offences, shall be proceeded under the Army Act, 1950 or the Air Force Act, 1950 OR the Navy Act, 1957, etc. Only Court Martial has the Jurisdiction to proceed with the legal proceedings. In case of any proceedings under this Act in pursuance of any grave breach of Conventions, the Secretary to the Government of India shall provide a Certificate in hand for prosecution proceedings which itself stands as a proof of Application for which it has been Certified. In case of legal proceedings of the accused, the Court who has the Jurisdiction to entertain the matter shall demand the prosecution side to summon with a notice with proper reasons for trial at least three weeks prior to the Trial to the Protective Prisoner of war or an internee or his representatives who shall be punished imprisonment up to death punishment for the grave breach of Conventions committed by him.

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This notice shall contain all the necessary details about the prisoner including his name, age , date of birth, address, his Offence against Convention and the Court in which the Trial going to take place and time of Trial, etc. As reciprocation, the notice should be received by duly signed by the accused or his representatives or the acknowledgment of receipt or in contrary, if there is any rejection of notice, such rejection itself is the acknowledgment for the notice.

In case if any person brought before such Court having Jurisdiction for legal proceedings shall not proceed the matter without appointing a Legal Practitioner. The Court shall allow the protective prisoner to appoint a Legal Practitioner in favour to him. After the appointment of such Court Practitioner, he shall be given fourteen days time to get rid of the case. In case if the accused cannot appoint any Legal Practitioner, the Court itself shall proceed with the appointment of such Legal Practitioner in such a manner prescribed in this Act without any prejudice. Such Legal Practitioner shall be paid fees in accordance to the provisions prescribed in this Act.

In case if the Offender is not satisfied with the decision made by the adjudicating authority, shall go for an Appeal at any time specified under the provisions of the Act till the date of execution of his sentences or punishment. The punishment of such protective prisoner shall be reduced if his character or his sentence time is beyond the damages made by him by way of breach of conventions, the Central Government shall have power to reduce his punishment.

As per Chapter IV of this Act no person without the approval of the Central Government shall be allowed to use any emblem of Red Cross or any other emblem. If any person acts in contravention to the provision of this Act, he shall be punished with fine or with imprisonment or such other punishment or action as it deems fit and necessary. This contains a saving clause, Miscellaneous Clauses containing a repeal provisions.

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by C.Srivenkatesh Prabhu