Commonly known as TADA, the act was the first and only legislative effort by the Union government to define and counter terrorist activities. It was formulated in the back drop of growing terrorist violence in Punjab which had its violent effects in other parts of the country too, including capital New Delhi. The Act, which was criticised on various counts by human rights organisations and political parties was permitted to lapse in May 1995 though cases initiated while it was in force continue to hold legal validity. The full text of the Act follows.
(Act No. 28 of 1987) (Amended by Act 43 of 1993) [3rd September, 1987]
Contents
PART I
PRELIMINARY
PART II
PUNISHMENTS FOR, AND MEASURES FOR COPING WITH, TERRORIST AND DISRUPTIVE ACTIVITIES
3. Punishment for terrorist acts
4. Punishment for disruptive activities
5. Possession of certain unauthorized arms, etc. in specified areas
6. Enhanced penalties
7.A. Powers of investigating Officers
8. Forfeiture of property of certain persons
PART III
DESIGNATED COURTS
9. Designated Courts
10. Place of sitting
11. Jurisdiction of Designated Courts
12. Power of Designated Courts with respect to other offences
13. Public Prosecutors
14. Procedure and powers of Designated Courts
15. Certain confessions made to police officers to be taken into consideration
16. Protection of witnesses
17. Trial by Designated Courts to have precedence
18. Power to transfer cases to regular Courts
PART IV
MISCELLANEOUS
20. Modified application of certain provisions of the Code
20.A. Cognizance of offence
21. Presumption as to offences under Section 3
22. Identification of accused
23. Saving
24. Saving as to orders
25. Overriding effect
26. Protection of action taken under this Act
27. Power of the Supreme Court to make rules
28. Power to make rules
29. Rules to be laid before Houses of Parliament
30. Repeal and saving
An Act to make special provisions for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Thirty-eighth year of the Republic of India as follows :-
CHAPTER I
1. Short title, extent, application, commencement, duration and savings. -
(1) This Act may be called the Terrorist and Disruptive Activities (Prevention) Act, 1987.
(2) It extends to the whole of India, and it applies also, -
a. to citizens of India outside India; b. to persons in the service of the Government, wherever they may be; and c. to persons on ships and aircraft registered in India, wherever they may be.
b. to persons in the service of the Government, wherever they may be; and
c. to persons on ships and aircraft registered in India, wherever they may be.
(3) Sections 5, 15, 21 and 22 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 24th day of May, 1987.
(4) It shall remain in force for a period of 2[eight years] from the 24th day of May, 1987, but its expiry under the operation of this sub-section shall not affect, -
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not expired.
2. Definitions – (1) In this Act, unless the context otherwise requires, -
(b) "Code" means the Code of Criminal Procedure 1973 (2 of 1974);
(c) "Designated Court" means a Designated Court constituted under Section 9;
(d) "Disruptive activity" has the meaning assigned to it in Section 4, and the expression "disruptionist" shall be construed accordingly;
(e) "High Court" means the High Court of the State in which a judge or an additional judge of a Designated Court was working immediately before his appointment as such judge or additional judge;
(f) "notified area" means such area as the State Government may, by notification in the official Gazette, specify;
(g) "public prosecutor" means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under Section 13, and includes any person acting under the directions of the Public Prosecutor;
3[(gg) "property" means property and assets of any description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived or obtained from the terrorist Act and includes proceeds of terrorism;]
(h) "terrorist act" has the meaning assigned to it in sub-section (1) of Section 3, and the expression "terrorist" shall be construed accordingly;
(i) words and expressions used but not defined in this Act and defined in the Code shall have the meaning respectively assigned to them in the Code.
(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
3. Punishment for terrorist acts. – (1) Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act.
(2) Whoever commits a terrorist act, shall, -
(ii) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(4) Whoever harbours or conceals, or attempts to harbour or conceal, any terrorist shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
4[(5) Any person who is a member of a terrorists gang or a terrorist organisation, which is involved in terrorist acts, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(6) Whoever holds any property derived or obtained from commission of any terrorist act or has been acquired through the terrorist funds shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.]
4. Punishment for disruptive activities. - (1) Whoever commits or conspires or attempts to commit or abets, advocates, advises, or knowingly facilitates the commission of, any disruptive activity or any act preparatory to a disruptive activity shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(2) For the purposes of sub-section (1), "disruptive activity" means any action taken, whether by act or by speech or through any other media or in any other manner whatsoever, -
(i) which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India; or
(ii) which is intended to bring about or supports any claim, whether directly or indirectly, for the cession of any part of India or the secession of any part of India from the Union.
Explanation – For the purposes of this sub-section, -
(a) "cession" includes the admission of any claim of any foreign country to any part of India, and
(b) "secession" includes the assertion of any claim to determine whether a part of India will remain within the Union.
(3) Without prejudice to the generality of the provisions of sub-section(2), it is hereby declared that any action taken, whether by act or by speech or through any other media or in any other manner whatsoever, which -
the killing or the destruction of any person bound by oath under the constitution to uphold the sovereignty and integrity of India or any public servant shall be deemed to be a disruptive activity within the meaning of this section.
(4) Whoever harbours or conceals, or attempts to harbour or conceal, any disruptiionist shall be punishable with imprisonment for a term which shall not be less than five years but which may be extend to imprisonment for life and shall also be liable to fine.
2. Habeas Corpus – In habeas corpus proceedings if the detention is legal at the time of the disposal of the petition the Court cannot order release of the person detained by issuing a writ of habeas corpus. Therefore, the legality or otherwise of the detention shall also be considered on the date of final disposal of the petition. Bacha Bora v. State of Assam, 1991 Cr LJ 2782 (Gau).
5. Possession of certain unauthorised arms, etc. in specified areas – Where any person is in possession of any arms and ammunition specified in Columns 2 and 3 of Category I or Category III (a) of Schedule I to the Arms Rules, 1962, or bombs, dynamite or other explosive substances unauthorisedly in a notified area, he shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
6. Enhanced penalties – (1) If any person with intend to aid any terrorist or disruptionist, contravenes any provision of, or any rule made under the Arms Act, 1959, the Explosives Act, 1884, the Explosives Substances Act, 1908 or the Inflammable Substances Act, 1952, he shall, notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(2) For the purposes of this section, any person who attempts to contravene or abets, or attempts to abet, or does any act preparatory to the contravention of any provision of any law, rule or order, shall be deemed to have contravened that provision, and the provision of sub-section (1) shall, in relation to such person, have effect subject to the modification that the reference to "imprisonment for life" shall be construed as a reference to "imprisonment for ten years".
7. Conferment of powers – (1) Notwithstanding anything contained the Code or in any other provision of this Act, the Central Government may, if it considers it necessary or expedient so to do, –
a. for the prevention of, and for coping with, any offence under Section 3 or Seciton 4; or
b. for any case or class or group of cases under Section 3 or Section 4;
in any State or part thereof, confer, by notification in the official Gazette, on any officer of the Central Government, powers exercisable by a police officer under the Code in such State or part thereof or, as the case may be, for such case or class or group of cases and in particular, the powers of arrest, investigation and prosecution of persons before any Court.
(2) All officers of police and all officers of Government are hereby required and empowered to assist the officer of the Central Government referred to in sub-section (1), in the execution of the provisions of this Act or any rule or order made thereunder.
(3) The provisions of the Code shall, so far as may be and subject to such modifications made in this Act, apply to the exercise of the powers by an officer under sub-section (1).
5[7-A. Powers of investigating officers – If an officer investigating an offence committed under this Act has reason to believe that any property in relation to which an investigation is being conducted is a property derived or obtained from the commission of any terrorist act and includes proceeds of terrorism he shall, with the approval of the Superintendent of Police, make an order seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Court and a copy of such order shall be served on the persons concerned :
Provided that the investigating officer shall duly inform the Designated Court within forty-eight hours of the attachment of such property and the said Court shall either confirm or revoke the order of attachment so issued.]
8. Forfeiture of property of certain persons – (1) Where a person has been convicted to any offence punishable under this Act or any rule made thereunder, the Designated Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the Government free from all encumbrances.