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
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
PRELIMINARY
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.
(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, -
-
the previous operation
of, or anything duly done or suffered under this Act or any
rule made thereunder or any order made under any such rule,
or
-
any right, privilege,
obligation or liability acquired accrued or incurred under
this Act or any rule made thereunder or any order made under
any such rule, or
-
any penalty, forfeiture
or punishment incurred in respect of any offence under this
Act or any contravention of any rule made under this Act or
of any order made under any such rule, or
-
any investigation,
legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as
aforesaid.
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,
-
(a) "abet",
with its grammatical variations and cognate expressions, includes,
-
-
the communication
or association with any person or class of persons who is
engaged in assisting in any manner terrorists or disruptionists;
-
the passing
on, or publication of, without any lawful authority, and
information likely to assist the terrorists or disruptionists,
and the passing on, or publication of, or distribution of,
any document or matter obtained from terrorists or disruptionists;
-
the rendering
of any assistance, whether financial or otherwise, the terrorists
or disruptionists;
(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.
PART
II
PUNISHMENTS FOR,
AND MEASURES FOR COPING WITH,
TERRORIST AND DISRUPTIVE
ACTIVITIES
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, -
(i) if such act has
resulted in the death of any person, be punishable with death
or imprisonment for life and shall also be liable to fine;
(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
-
-
advocates, advises,
suggests or incites; or
-
predicts, prophesies
or pronounces or otherwise expresses, in such manner as to
incite, advice, suggest or prompt,
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.
(2) Where any person
is accused of any offence under this Act or any rule made thereunder,
it shall be open to the Designated Court trying him to pass an
order that all or any properties, movable or immovable or both
belonging to him, shall, during the period of such trial, be attached,
and where such trial ends in conviction, the properties so attached
shall stand forfeited to Government free from all encumbrances.
(3) (a) If upon a report
in writing made by a police officer or an officer referred to
in sub-section (1) of Section 7, any Designated Court has reason
to believe that any person, who has committed an offence punishable
under this Act or any rule made thereunder, has absconded or is
concealing himself so that he may not be apprehended, such court
may, notwithstanding anything contained in Section 82 of the Code,
publish a written proclamation requiring him to appear at a specified
place and at a specified time not less than fifteen days but not
more than thirty days from the date of publication of such proclamation.
(b) The Designated Court
issuing a proclamation under Clause (a) may, at any time, order
the attachment of any property, movable or immovable or both,
belonging to the proclaimed person, and thereupon the provisions
of Sections 83 to 85 of the Code shall apply to such attachment
as if such attachment were made under that Code.
(c) If, within six months
from the date of the attachment, any person, whose property is,
or has been, at the disposal of the Government under sub-section(2)
of Section 85 of the code, appears voluntarily or is apprehended
and brought before the Designated Court by whose order the property
was attached, or the Court to which such Court is subordinate,
and proves to the satisfaction of such Court that he did not abscond
or conceal himself for the purpose of avoiding apprehension and
that he had not received such notice of the proclamation as to
enable him to attend within the time specified therein, such property
or, if the same has been sold, the net proceeds of the sale and
the residue of the property, shall, after satisfying therefrom
all costs incurred in consequence of the attachment, be delivered
to him.
(4) Where any shares
in a company stand forfeited to the Government under this sub-section,
then, the company shall, notwithstanding anything contained in
the Companies Act, 1956, or the articles of association the company,
forthwith register the Government as the transferee of such shares.
PART
III
DESIGNATED COURTS
9.
Designated Courts – (1) The Central Government or a State
Government may, by notification in the official Gazette, constitute
one or more Designated Courts for such area or areas, or for such
case or class or group of cases as may be specified in the notification.
(2) Where a notification
constituting a Designated Court for any area or areas or for any
case or class or group of cases is issued by the Central Government
under sub-section (1), and a notification constituting a Designated
Court for the same area or areas or for the same case or class
or group of cases has also been issued by a State Government under
that sub-section, the Designated Court constituted by the Central
Government, whether the notification constituting such Court is
issued before or after the issue of the notification constituting
the Designated Court by the State Government, shall have, and
the Designated Court constituted by the State Government shall
not have, jurisdiction to try any offence committed in that area
or areas or, as the case may be, the case or class or group of
cases, and all cases pending before any Designated Court constituted
by the State Government shall stand transferred to the Designated
Court constituted by the Central Government.
(3) Where any question
arises as to the jurisdiction of any Designated Court, it shall
be referred to the Central Government whose decision thereon shall
be final.
(4) A Designated Court
shall be presided over by a Judge to be appointed by the Central
Government or, as the case may be, the State Government, with
the concurrence of the Chief Justice of the High Court.
(5) The Central Government
or, as the case may be, the State Government may also appoint,
with the concurrence of the Chief Justice of the High Court additional
Judges to exercise jurisdiction in a Designated Court.
(6) A person shall not
be qualified for appointment as a Judge or an additional Judge
of a Designated Court unless he is, immediately before such appointment
a Sessions Judge or an additional Sessions Judge in any State.
(7) For the removal
of doubts, it is hereby provided that the attainment by a person
appointed a judge or an Additional Judge of a Designated Court
of the age of superannuation under the rules applicable to him
in the service to which he belongs, shall not affect his continuance
as such Judge or Additional Judge.
(8) Where any Additional
Judge or Additional Judges is or are appointed in a Designated
Court, the Judge of the Designated Court may, from time to time,
by general or special order, in writing, provide for the distribution
of business of the Designated Court among himself and the additional
Judge or Additional Judges and also for the disposal of urgent
business in the event of his absence or the absence of any Additional
Judge.
10.
Place of sitting – A Designated Court may, on its own motion
or on an application made by the Public Prosecutor, and if it
considers it expedient or desirable so to do, sit for any of its
proceedings at any place, other than its ordinary place of sitting
:
Provided that nothing
in this section shall be construed to change the place of sitting
of a Designated Court constituted by a State Government to any
place outside that State.
11.
Jurisdiction of Designated Courts. – (1) Notwithstanding
anything contained in the Code, every offence punishable under
any provision of this Act or any rule made thereunder shall be
triable only by the Designated Court within whose local jurisdiction
it was committed or, as the case may be, by the Designated Court
constituted for trying such offence under sub-section (1) of Section
9.
(2) If, having regard
to the exigencies of the situation prevailing in a State, the
Central Government is of the opinion that, -
(a) the situation
prevailing in such State is not conducive to a fair, impartial
or speedy trial, or
(b) it is not likely
to be feasible without occasioning the breach of peace or grave
risk to the safety of the accused, the witnesses, the Public
Prosecutor and the Judge of the Designated Court or any of them,
or
(c) it is not otherwise
in the interests of justice,
It may, with the concurrence
of the Chief Justice of India (such occurrence to be obtained
on a motion moved in that behalf by the Attorney-General), transfer
any case pending before a Designated Court in that State to
any other Designated Court within that State or in any other
State.
(3) Where the whole
or any part of the area within the local limits of the jurisdiction
of a Designated Court has been declared to be, or forms part of,
any area which has been declared to be a disturbed area under
any enactment for the time being in force making provision for
the suppression of disorder and restoration and maintenance of
public order, and the Central Government is of opinion that the
situation prevailing in the State is not conducive to fair, impartial
or speedy trial within the State, of offences under this Act or
the rules made thereunder which such Designated Court is competent
to try, the Central Government may, with the concurrence of the
Chief Justice of India, specify, by notification in the official
Gazette, in relation to such Court (hereafter in this sub-section
referred to as the local Court) a Designated Court outside the
State (hereinafter in this section referred to as the specified
court), and thereupon, -
- it shall not be competent at
any time during the period of operation of such notification,
for such local court to exercise any jurisdiction in respect
of, or try, any offence under this Act or the rules made thereunder;
- the jurisdiction which would
have been, but for the issue of such notification, exercisable
by such local court in respect of such offences committed
during the period of operation of such notification shall
be exercisable by the specified court;
- all cases relating to such offences
pending immediately before the date of issue of such notification
before such local court shall stand transferred on that date
to the specified court;
- all cases taken cognizance of
by, or transferred to, the specified court under Clause (b)
or Clause (c) shall be dealt with and tried in
accordance with this Act (whether during the period of operation
of such notification or thereafter) as if such offences had
been committed within the local limits of the jurisdiction
of the specified court or, as the case may be, transferred
for trial to it under sub-section (2).
Explanation 1.- A
notification under this sub-section in relation to any local court
shall cease to operate on the date on which the whole or, as the
case may be, the aforementioned part of the area within the local
limits of its jurisdiction, ceases to be a disturbed area.
Explanation 2.- For
the purposes of this section, "Attorney-General" means
the Attorney-General of India or, in his absence, the Solicitor-General
of India or, in the absence of both, one of the Additional Solicitors-General
of India.
12.
Power of Designated Courts with respect to other offences.-
(1) When trying any offence,
a Designated Court may also try any other offence with which the
accused may, under the Code, be charged at the same trial if the
offence is connected with such other offence.
(2) If, in the
course of any trial under this Act of any offence, it is found
that the accused person has committed any other offence under
this Act or any rule made thereunder or under any other law,
a the Designated Court may convict such person of such other
offence and pass any sentence authorised by this Act or such
rule or, as the case may be, such other law, for the punishment
thereof.
13.
Public Prosecutors - (1)
For every Designated Court, the Central Government or, as the
case may be, the State Government, shall appoint a person to be
the Public Prosecutor and may appoint one or more persons to be
the Additional Public Prosecutor or Additional Public Prosecutors;
provided that the Central
Government or, as the case may be, the State Government, may also
appoint for any case or class or group of cases a Special Public
Prosecutor.
(2) A person shall
not be qualified to be appointed as a Public Prosecutor or an
Additional Public Prosecutor or a Special Public Prosecutor under
this section unless he has been in practice as an Advocate for
not less than seven years or has held any post, for a period of
not less than seven years, under the Union or a State, requiring
special knowledge of law.
(3) Every person
appointed as a Public Prosecutor or an Additional Public Prosecutor
or a Special Public Prosecutor under this section shall be deemed
to be a Public Prosecutor within the meaning of clause (u)
of Section 2 of the Code and the provisions of the Code shall
have effect accordingly.
14.
Procedure and powers of Designated Courts.- A
Designated Court may take cognizance of any offence, without the
accused being committed to it for trial, upon receiving a complaint
of facts which constitute such offence or upon a police report
of such facts.
(2) Where an offence
triable by a Designated Court is punishable with imprisonment
for a term not exceeding three years or with fine or with both,
the Designated Court may, notwithstanding anything contained in
sub-section (1) of Section 260 or Section 262 of the Code, try
the offence in a summary way in accordance with the procedure
prescribed in the Code and the provisions of Section 263 to 265
of the Code, shall, so far as may be, apply to such trial:
Provided that when,
in the course of a summary trial under this sub-section, it appears
to the Designated Court that the nature of the case is such that
it is undesirable to try it in a summary way, the Designated Court
shall recall any witnesses who may have been examined and proceed
to re-hear the case in the manner provided by the provisions of
the Code for the trial of such offence and the said provisions
shall apply to and in relation to a Designated Court as they apply
to and in relation to a Magistrate:
Provided further that
in the case of any conviction in a summary trial under this section,
it shall be lawful for a Designated Court to pass a sentence of
imprisonment for a term not exceeding two years.
(3) Subject to the other
provisions of this Act, a Designated Court shall, for the purpose
of trial of any offence, have all the powers of a Court of Session
and shall try such offence as if it were a Court of Session so
far as may be in accordance with the procedure prescribed in the
Code for the trial before a Court of Session.
(4) Subject to the other
provisions of this Act, every case transferred to a Designated
Court under sub-section (2) of Section 11 shall be dealt with
as if such case had been transferred under Section 406 of the
Code to such Designated Court.
(5) Nothwithstanding
anything contained in the Code, a Designated Court may, if it
thinks fit and for reasons to be recorded by it, proceed with
the trial in the absence of the accused or his pleader and record
the evidence of any witness, subject to the right of the accused
to recall the witness for cross-examination.
15.
Certain confessions made to police officers to be taken into consideration.-
(1) Nothwithstanding anything in the Code or in the Indian
Evidence Act, 1872, but subject to the provisions of this section,
a confession made by a person before a police officer not lower
in rank than a Superintendent of Police and recorded by such police
officer either in writing or on any mechanical device like cassettes,
tapes or sound tracks from out of which sounds or images can be
reproduced, shall be admissible in the trial of such person
6[or co-accused,
abettor or conspirator] for an offence under this Act or rules
made thereunder:
7
[Provided that co-accused, abettor or conspirator is charged and
tried in the same case together with the accused].
(2) The police officer
shall, before recording any confession under sub-section (1),
explain to the person making it that he is not bound to make a
confession and that, if he does so, it may be used as evidence
against him and such police officer shall not record any such
confession unless upon questioning the person making it, he has
reason to believe that it is being made voluntarily.
16.
Protection of witnesses.- 8[(1)
Nothwithstanding anything contained in the Code, the proceedings
under this Act may be held in camera if the Designated
Court so desires.]
(2) A Designated Court
may, on an application made by a witness in any proceedings before
it or by the Public Prosecutor in relation to such witness or
on its own motion, take such measures as it deems fit for keeping
the identity and address of any witness secret.
(3) In particular, and
without prejudice to the generality of the provisions of sub-section
(2), the measures which a Designated Court may take under that
sub-section may include,-
- the holding of the proceedings
at a place to be decided by the Designated Court;
- the avoiding of the mention
of the names and addresses of the witnesses in it orders
or judgments or in any records of the case accessible to
public;
- the issuing of any directions
for securing that the identity and addresses of the witnesses
are not disclosed.
- that it is in the public interest
to order that all or any of the proceedings pending before
such a court shall not be published in any manner.
(4) Any person who
contravenes any direction issued under sub-section (3) shall be
punishable with imprisonment for a term which may extend to one
year and with fine which may extend to one thousand rupees.
17.
Trial by Designated Courts to have precedence- The trial
under this Act of any offence by a Designated Court shall have
precedence over the trial of any other case against the accused
in any other court (not being a Designated Court) and shall be
concluded in preference to the trial of such other case and accordingly
the trial of such other case shall remain in abeyance.
18.
Power to transfer cases to regular courts- Where, after
taking cognizance of any offence, a Designated Court is of opinion
that the offence is not triable by it, it shall, notwithstanding
that it has no jurisdiction to try such offence, transfer the
case for the trial of such offence to any court having jurisdiction
under the Code and the court to which the case is transferred
may proceed with the trial of the offence as if it had taken cognizance
of the offence.
19.
Appeal- (1) Nothwithstanding anything contained in the
Code, an appeal shall lie as a matter of right from any judgment,
sentence or order, not being an interlocutory order, of a Designated
Court to the Supreme Court both on facts and on law.
(2) Except as aforesaid,
no appeal or revision shall lie to any court from any judgment,
sentence or order including an interlocutory order of a Designated
Court.
(3) Every appeal under
this section shall be preferred within a period of thirty days
from the date of the judgment; sentence or order appealed from:
Provided that the Supreme
Court may entertain an appeal after the expiry of the said period
of thirty days if it is satisfied that the appellant had sufficient
cause for not preferring the appeal within the period of thirty
days.
PART
IV
MISCELLANEOUS
20.
Modified application of certain provisions of the Code.- (1)
Nothwithstanding anything contained in the Code or any other law,
every offence punishable under this Act or any rule made thereunder
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 21 of the
Code shall apply in relation to a case involving an offence punishable
under this Act or any rule made thereunder subject to the modification
that the reference to "the State Government" therein shall be
construed as a reference to "the Central Government or the State
Government".
(3) Section 164 of the
Code shall apply in relation to a case involving an offence punishable
under this Act or any rule made thereunder, subject to the modification
that the reference in subsection (1) thereof to "Metropolitan
Magistrate or Judicial Magistrate" shall be construed as a reference
to "Metropolitan Magistrate, Judicial Magistrate, Executive Magistrate
or Special Executive Magistrate.
(4) Section 167 of the
Code shall apply in relation to a case involving an offence punishable
under this Act or any rule made thereunder subject to the modifications
that,-
a. the reference in sub-section
(1) thereof to "Judicial Magistrate" shall be construed as a
reference to Judicial Magistrate or Executive Magistrate or
Special Executive Magistrate;
b.
the reference in sub-section (2)
thereof to "fifteen days," "ninety days" and "sixty days," wherever
they occur, shall be construed as references to "sixty days."9[one
hundred and eighty days] and 8[one hundred and eighty
days], respectively; and
(bb)sub-section (2-A)
thereof shall be deemed to have been omitted.
10[(bbb) in
sub-section (2), after the proviso, the following proviso shall
be inserted, namely:-
"Provided
further that, if it is not possible to complete the investigation
within the said period of one hundred and eighty days, the
Designated Court shall extend the said period up to one
year, 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 one hundred and eighty days.]
(5) Section 268 of the
Code shall apply in relation to a case involving an offence punishable
under this Act or any rule made thereunder subject to the modifications
that -
a. the reference in
sub-section(1) thereof –
- to "the State Government"
shall be construed as a reference to "the Central Government
or the State Government";
- 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"; or
b. the reference in
sub-section (2) thereof, to "State Government" shall
be construed as a reference to "Central Government or the
State Government, as the case may be".
(6) Sections 366 to
371 and Section 392 of the Code shall apply in relation to a case
involving an offence triable by a Designated Court subject to
the modifications that the references to "Court of Session"
and "High Court", wherever occurring therein, shall
be construed as references to "Designated Court" and
"Supreme Court", respectively.
(7) Nothing in Section
438 of the Code shall apply in relation to any case involving
the arrest of any person on an accusation of having committed
an offence punishable under this act or any rule made thereunder.
(8) Notwithstanding
anything contained in the Code, no person accused of an offence
punishable under this Act or any rule made thereunder shall, if
in custody, be released on bail or on his own bond unless, –
-
the Public Prosecutor
has been given an opportunity to oppose the application for
such release, and
-
where the Public
Prosecutor opposes the application, the Court is satisfied
that there are reasonable grounds for believing that he is
not guilty of such offence and that he is not likely to commit
any offence while on bail.
(9) The limitations
on granting of bail specified in sub-section (8) are in addition
to the limitations under the Code or any other law for the time
being in force on granting of bail.
11[20-A.
Cognizance of offence – (1) Notwithstanding, anything contained
in the Code, no information about the commission of an offence
under this Act shall be recorded by the police without the prior
approval of the District Superintendent of Police.
(2) No court shall take
cognizance of any offence under this Act without the previous
sanction of the Inspector-General of Police, or as the case may
be, the Commissioner of Police.]
21. Presumption as
to offences under Section 3 – (1) In a prosecution for an
offence under sub-section (1) of Section 3, if it is proved –
-
that the arms
or explosives or any other substances specified in Section
3 were recovered from the possession of the accused and there
is reason to believe that such arms or explosives or other
substances of similar nature, were used in the commission
of such offence; or
-
that by the evidence
of an expert the fingerprints of the accused were found at
the site of the offence or on anything including arms and
vehicles used in connection with the commission of such offence.
-
-
(2) In a prosecution
for an offence under sub-section 3 of Section 3, if it is proved
that the accused rendered any financial assistance to a person
accused of, or reasonably suspected of, an offence under that
section, the Designated Court shall presume, unless the contrary
is proved, that such person has committed the offence under that
sub-section.
22.
Identification of accused – Where a person has been declared
a proclaimed offender in terrorist case, the evidence regarding
his identification by witnesses on the basis of his photograph
shall have the same value as the evidence of a test identification
parade.
23.
Saving – (1) Nothing in this Act shall affect the jurisdiction
exercisable by, or the procedure applicable to, any Court or other
authority under any law relating to the naval, military or air
forces or other armed forces of the Union.
(2) For the removal
of doubts, it is hereby declared that for the purposes of any
such law as is referred to in sub-section (1), a Designated Court
shall be deemed to be a Court of ordinary criminal justice.
24.
Saving as to orders – Where an order purports to have been
made and signed by any authority in exercise of any power conferred
by or under this Act, a Court shall, within the meaning of the
Indian Evidence Act, 1872, presume that such order was so made
by that authority.
25.
Overriding effect – The provisions of this Act or any rule
made thereunder or any order made under any such rule shall have
effect notwithstanding anything inconsistent therewith contained
in any enactment other than this Act or in any instrument having
effect by virtue of any enactment other than this Act.
26.
Protection of action taken under this Act – No suit, prosecution
or other legal proceeding shall lie against the Central Government
or State Government or any other authority on whom powers have
been conferred under this Act or any rules made thereunder, for
anything which is in good faith done or purported to be done in
pursuance of this Act or any rules made thereunder or any order
issued under any such rule.
27.
Power of the Supreme Court to make rules – The Supreme
Court may, by notification in the Official Gazette, make such
rules, if any, as it may deem necessary for carrying out the provisions
of this Act relating to Designated Court.
28.
Power to make rules – (1) Without prejudice to the powers
of the Supreme Court to make rules under Section 27, the Central
Government may, by notification in the Official Gazette, make
rules for carrying out the provisions of this Act.
(2) In particular, and
without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters namely:
(a) regulating the
conduct of persons in respect of areas the control of which is
considered necessary or expedient and the removal of such persons
from areas.
(b) The entry into,
and search of, -
(i) any vehicle,
vessel or aircraft; or
(ii) any place, whatsoever,
reasonably suspected
of being used for committing the offence referred to in Section
3 or Section 4 or for manufacturing or storing anything for the
commission of any such offence.
(c)Conferring powers
upon, –
(i) the Central Government;
(ii) a State Government;
(iii) an Administrator
of a Union Territory under Article 239 of the Constitution;
(iv) an officer of the
Central Government not lower in rank than of a Joint Secretary;
or
(v) an officer of a State
Government not lower in rank than that of a District Magistrate,
to make general or special
orders to prevent or cope with terrorist acts or disruptive activities;
(d) the arrest and
trial of persons contravening any of the rules or any order made
thereunder;
(e) the punishment
of any person who contravenes or attempts to contravene or abets
or attempts to abet the contravention of any rule or order made
thereunder with imprisonment for a term which may extend to seven
years or for a term which may not be less than six months but
which may extend to seven years or with fine or with imprisonment
as aforesaid and fine;
(f) Providing for
the seizure and detention of any property in respect of which
such contravention, attempt or abetment as is referred to in Clause
(e) has been committed and for the adjudication of such seizure
and detention, whether by any court or by any other authority.
29.
Rules to be laid before Houses of Parliament – Every rule
made by the Central Government under this Act shall be laid, as
soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have
affect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done
under that rule.
30.
Repeal and Saving - (1) The Terrorist and Disruptive Activities
(Prevention) Ordinance, 1987 (2 of 1987) is hereby repealed.
(2) Notwithstanding
such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.
Notes:
1.Received
the assent of the President on 3rd September, 1987; published
in the Gazette of India, (Extra.), Part II, Section 1, pp. 1 to
15, dated 3rd September, 1987
2.Subs.
by Act 16 of 1989, Section 2, for the words "two years",
re-subs. by Act 35 of 1991, for "four years", (w.e.f.
2-5-1991) and again subs. by Act 43 of 1993, Section 2, for "six
years".
3.Ins.
by Act 43 of 1993, Section 3.
4.Ins.
by Act 43 of 1993, Section 4.
5.Ins.
by Act 43 of 1993, Section 5.
6.Ins.
by Act 43 of 1993, Section 6(a).
7.Ins.
by Act 43 of 1993, Section 6(b).
8.Ins.
by Act 43 of 1993, Section 7.
9.Subs.
by Act 43 of 1993, Section 8(a).
10.Ins.
by Act 43 of 1993, Section 8(b)
11.Ins.
by Act 43 of 1993, Section 9.
12.Clauses
(c) and (d), ommitted by Act 43 of 1993, Section 10.
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