law: The Prevention of Terrorism Act, 2002
  Chapter VI
  
  Miscellaneous
  49. Modified
  
  application of certain provisions of the Code.-
  1.  Notwithstanding
  
  anything contained in the Code or any other law, every offence punishable under
  
  this Act shall be deemed to be a cognizable offence within the meaning of
  
  clause (c) of section 2 of the Code, and "cognizable case" as defined
  
  in that clause shall be construed accordingly.
  2.  Section
  
  167 of the Code shall apply in relation to a case involving an offence
  
  punishable under this Act subject to the modification that in sub-section (2),-
  
  
  a.   the references to
  
  
  
  "fifteen days", "ninety days" and "sixty days",
  
  wherever they occur, shall be construed as references to "thirty
  
  days", "ninety days" and "ninety days", respectively;
  
  and
  b.   after the proviso,
  
  the following provisos shall be inserted, namely:- "Provided further that
  
  if it is not possible to complete the investigation within the said period of
  
  ninety days, the Special Court shall extend the said period up to one hundred
  
  and eighty days, on the report of the Public Prosecutor indicating the progress
  
  of the investigation and the specific reasons for the detention of the accused
  
  beyond the said period of ninety days: Provided also that if the police officer
  
  making the investigation under this Act, requests, for the purposes of
  
  investigation, for police custody from judicial custody of any person from
  
  judicial custody, he shall file an affidavit stating the reasons fordoing so
  
  and shall also explain the delay, if any, for requesting such police
  
  custody.".
  1.  
  2.  
  3.  Section
  
  268 of the Code shall apply in relation to a case involving an offence
  
  punishable under this Act subject to the modification that-
  a.   the reference in
  
  sub-section (1) thereof-
   
  
   i.  
  
    to
  
  "the State Government" shall be construed as a reference to "the
  
  Central Government or the State Government",
   
  
   ii.  
  
    to
  
  "order of the State Government" shall be construed as a reference to
  
  
  
  "order of the Central Government or the State Government, as the case may
  
  be"; and
  b.   the reference in
  
  sub-section (2) thereof, to "the State Government" shall be construed
  
  as a reference to "the Central Government or the State Government, as the
  
  case may be".
  1.  
  2.  
  3.  
  4.    Sections
  
  366, 367 and 371 of the Code shall apply in relation to a case involving an
  
  offence triable by a Special Court subject to the modification that the
  
  reference to "Court of Session", wherever occurring therein, shall be
  
  construed as the reference to "Special Court".
  5. Nothing
  
  in section 438 of the Code shall apply in relation to any case involving the
  
  arrest of any person accused of having committed an offence punishable under
  
  this Act.
  6. 
  
    Notwithstanding
  
  anything contained in the Code, no person accused of an offence punishable
  
  under this Act shall, if in custody, be released on bail or on his own bond
  
  unless the Court gives the Public Prosecutor an opportunity of being heard.
  7. 
  
    Where
  
  the Public Prosecutor opposes the application of the accused to release on
  
  bail, no person accused of an offence punishable under this Act or any rule
  
  made thereunder shall be released on bail until the Court is satisfied that
  
  there are grounds for believing that he is not guilty of committing such
  
  offence: Provided that after the expiry of a period of one year from the date
  
  of detention of the accused for an offence under this Act, the provisions of
  
  sub-section (6) of this section shall apply.
  8. 
  
  
  
    The
  
  restrictions on granting of bail specified in sub-sections (6) and (7) are in
  
  addition to the restrictions under the Code or any other law for the time being
  
  in force on granting of bail.
  9. 
  
    Notwithstanding
  
  anything contained in sub-sections (6), (7) and (8), no bail shall be granted
  
  to a person accused of an offence punishable under this Act, if he is not an
  
  Indian citizen and has entered the country unauthorisedly or illegally except i
  
  very exceptional circumstances and for reasons to be recorded in writing.