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TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1985
31 of 1985
23rd May, 1985
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-sixth Year of the Republic of India as follows :- Prefatory Note-Statement of Objects and Reasons.-"Terrorists bad been indulging in wanton killings, arson, looting of properties and other heinous crimes mostly in Punjab and Chandigarh. Since the 10th May, 1985, the terrorists have expanded their activities to other parts of the country, i.e., Delhi, Haryana, Uttar Pradesh and Rajasthan as a result of which several innocent lives have been lost and many suffered serious injuries. In planting of explosive devices in trains, buses and public places, the object to terrorise, to create fear and panic in the minds of citizens and to disrupt communal peace and harmony is clearly discernible. This is a new and overt phase of terrorism which requires to be taken serious note of and dealt with effectively and expeditiously. The alarming increase in disruptive activities is also a matter of serious concern.
2. The Bill seeks to make provision for combating the menace of terrorists and disruptionists. It seeks, inter alia, to- (a) provide for deterrent punishments for terrorist acts and disruptive activities ; (b) confer on the Central Government adequate powers to make such rules as may be necessary or expedient for the prevention of, and for coping with, terrorist acts and disruptive activities; and (c) provide for the constitution of Designated Courts for the speedy and expeditious trial of offences under the proposed legislation. 3. The Bill seeks to achieve the above objects.
PART 1 PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT, APPLICATION, COMMENCEMENT, DURATION AND SAVINGS
(1) This Act may be called the Terrorist and Disruptive Activities (Prevention) Act, 1985.
(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: Provided that so much of this Act as relates to terrorist acts shall not apply to the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and shall remain in force for a period of two years from the date of its commencement, but its expiry under the operation of this sub-section shall not affect -
(a) 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
(b) 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
(c) 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
(d) 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.
SECTION 02: DEFINITIONS
(1) In this Act, unless the context otherwise requires,-
(a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974)-;
(b) "Designated Court" means a Designated Court constituted under Section 7-;
(c) "disruptive activity" has the meaning assigned to it in Section 4-, and the expression "disruptionist" shall be construed accordingly;
(d) "High Court", in relation to a Designated Court, means the High Court within the territorial limits of whose jurisdiction such Designated Court is proposed to be, or is, constituted;
(e) "Public Prosecutor" means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under Section 11-, and includes any person acting under the directions of the Public Prosecutor;
(f) "terrorist act" has the meaning assigned to it in sub-section (1) of Section 3-and the expression "terrorist" shall be construed accordingly;
(g) words and expressions used but not defined in this Act and defined in the Code shall have the meanings 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 02: PUNISHMENTS FOR, AND MEASURES FOR COPING WITH, TERRORIST AND DISRUPTIVE ACTIVITIES
SECTION 03: 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 fire-arms or other lethal weapons or poisons or noxious gases or other chemicals or 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 damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, commits a terrorist act.
(2) Whoever commits a terrorist act shall,-
(i) if such act has resulted in the death of any person, be punish- able with death;
(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 term of 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 three years but which may extend to term of life and shall also be liable to fine.
SECTION 04: PUNISHMENT FOR DISRUPTIVE ACTIVITIES
(1) Whoever commits or conspires or attempts to commit or abets, advocates, advises, incites 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 three years but which may extend to term of 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-
(a) advocates, advises, suggests or incites; or
(b) predicts, prophesies or pronounces or otherwise expresses, in such manner as to incite, advise, suggest or prompt, the killing or the destruction of any persons bound by oath under the Constitution to uphold the sovereignty and integrity of India or any public servants shall be deemed to be a disruptive activity within the meaning of this section.
SECTION 05: POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make such rules as appear to it necessary or expedient for the prevention of, and for coping with, terrorist acts and disruptive activities.
(2) Without prejudice to the generality of the powers conferred by sub- section (1), the rules may provide for, and may empower any authority (being the Central Government or a State Government or the Administrator of a Union territory under Article 239 of the Constitution-or an officer of the Central Government not lower in rank than that of a Joint Secretary to that Government or an officer of a State Government not lower in rank than that of a District Magistrate or an officer competent to exercise under any law the powers of a District Magistrate) to make orders providing for, all or any of the following matters with respect to the purposes mentioned in that sub-section, namely:-
(a) preventing or prohibiting anything likely to facilitate the commission of terrorist acts of disruptive activities or prejudice the successful conduct of operations against terrorists or disruptionists including-
(i) communications with persons (whether within or outside India) instigating or abetting terrorist acts or disruptive activities or assisting in any manner terrorists or disruptionists ;
(ii) acquisition, possession or publication, without lawful authority or excuse of information likely to assist terrorists or disruptionists;
(iii) rendering of any assistance, whether financial or otherwise, to terrorists or disruptionists;
(b) preventing, with a view to coping with terrorist acts or disruptive activities, the spread without lawful authority or excuse, of reports or the prosecution of any purpose likely to cause disaffection or alarm or to prejudice maintenance of peaceful conditions in any area or part of India or to promote feelings of ill –will, enmity or hatred between different sections of the people of India;
(c) 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 such areas ;
(d) requiring any person or class of persons to comply with any scheme for the prevention of, or for coping with, terrorist acts or disruptive activities;
(e) ensuring the safety of persons and property;
(f) the demolition, destruction or rendering useless, in case of necessity, of any building or other premises or any other property;
(g) prohibiting or regulating in any area traffic and the use of any vehicles or vessels or signals or any apparatus whatsoever;
(h) the control of movements, within India of persons arriving in India from outside India;
(i) prohibiting or regulating the use of postal, telegraphic or telephonic services, including taking possession of such services, and the delaying, seizing, intercepting or interrupting of postal articles or telegraphic or telephonic messages;
(j) regulating the delivery, otherwise than by postal or telegraphic service, of postal articles and telegrams;
(k) regulating supplies and services essential to the life of the community ;
(l) the requisitioning of services of persons for maintaining supplies and services essential to the life of the community;
(m) the provision, construction, maintenance or alteration of buildings, premises or other structures or excavations required for the conduct of operations against terrorists or disruptionists;
(n) prohibiting or regulating the possession, use or disposal of-
(i) explosives, inflammable substances, corrosive and dangerous articles, arms and ammunitions ;
(ii) vehicles and vessels;
(iii) wireless telegraphic apparatus;
(iv) photographic and signalling apparatus, or any means of recording or communicating information;
(o) preventing the disclosure of official secrets;
(p) prohibiting or regulating meetings, assemblies, fairs and processions ;
(q) preventing or controlling any use of uniforms, whether official or otherwise, flags, official decorations like medals, badges and other insignia and anything similar thereto, where such use is calculated to deceive;
(r) ensuring the accuracy of any report or declaration legally required of any person;
(s) preventing anything likely to cause misapprehension in respect of the identity of any official person, official document or official property or in respect of the identity of any person, document or property purported to be or resembling an official person, official document or official property;
(t) the entry into, and search of, any place whatsoever reasonably suspected of being used for harbouring terrorists or disruptionists or for manufacturing or storing anything for use for purpose of terrorist acts or disruptive activities.
(3) The rules made under sub -section (1) may further-
(a) provide for the arrest and trial of persons contravening any of the rules or any order issued thereunder;
(b) provide that any contravention of, or any attempt to contravene, or any abetment of, or any attempt to abet the contravention of any of the provisions of the rules or any order issued under any such provision, shall be punishable 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;
(c) provide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as is referred to in clause (b) has been committed and for the adjudication of such seizure and forfeiture, whether by any court or by any other authority;
(d) confer powers and impose duties as respects any matter upon the Central Government or officers and authorities of the Central Government or upon any State Government or officers and authorities of the State Government;
(e) prescribe the duties and powers of public servants and other persons as regards preventing the contravention of, or securing the observance of, the rules or any order made thereunder;
(f) provide for preventing contravention, obstruction and deception of, and disobedience to, any person acting, and interference with any notice issued, in pursuance of the rules or any order made thereunder;
(g) prohibit attempts by any person to screen from punishment any one, other than the husband or wife of such person, contravening any of the rules or any order made thereunder;
(h) empower or direct any authority to take such action as may be specified in the rules or as may seem to such authority necessary for the purpose of ensuring the safety of persons and of property.
SECTION 06: ENHANCED PENALTIES
(1) If any person contravenes, in any area notified in this behalf by a State Government, any such provision of, or any such rule made under the Arms Act, 1959 (54 of 1959)-,the Explosives Act, 1884 (4 of 1884),the Explosive Substances Act, 1908 (6 of 1908)-, or the Inflammable Substances Act, 1952 (20 of 1952)-, as may be notified in this behalf by the Central Government or by a State Government, he shall, notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which may extend to ten years or, if his intention is to aid any terrorist or disruptionist, with death or imprisonment for a term which shall not be less than three years but which may extend to term of 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.
PART 03: DESIGNATED COURTS
SECTION 07: DESIGNATED COURTS
(1) The State Government may for the whole or any part of the State constitute one or more Designated Courts.
(2) A Designated Court shall be presided over by a judge to be appointed by the State Government with the concurrence of the Chief Justice of the High Court.
(3) 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.
(4) 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.
(5) For the removal of doubts, it is hereby provided that the attainment by a person appointed as 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.
(6) Where any additional judge or additional judges is or are appoint- ed 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.
SECTION 08: PLACE OF SITTING
A Designated Court may, if it considers it expedient or desirable so to do, sit for any of its proceedings at anyplace, other than the ordinary place of its sitting, in the State in which it is constituted: Provided that if the Public Prosecutor certifies to the Designated Court that it is in his opinion necessary for the protection of the accused or any witness or otherwise expedient in the interests of justice that the whole or any part of the trial should be held at some place other than the ordinary place of its sitting, the Designated Court may, after hearing the accused make an order to that effect unless, for reasons to be recorded in writing, the Designated Court thinks fit to make any other order.
SECTION 09: JURISDICTION OF DESIGNATED COURTS
(1) Notwithstanding any- thing 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.
(2) The Central Government may, if satisfied on the recommendation of the State Government or otherwise that it is necessary or expedient in the public interest so to do, transfer with the concurrence of the Chief Justice of India (such concurrence to be obtained on a motion moved in that behalf by the Attorney-General of India) any case pending before a Designated Court in that State to a Designated Court 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, whether on receipt of a report received from the Government of the State in which such court is located or otherwise, 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 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 (hereafter in this section referred to as the specified court), and thereupon-
(a) 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 thereunder;
(b) 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;
(c) 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;
(d) 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.-A notification issued 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.
SECTION 10: 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 thereunder or under any other law, the Designated Court may convict such person of such other offence and pass any sentence authorized by this Act or such rule or, as the case may be, such other law, for the punishment thereof.
SECTION 11: PUBLIC PROSECUTORS
(1) For every Designated Court, 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 State Government may also appoint for any case or class of cases a Special Public Prosecutor.
(2) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section only if he has been in practice as an Advocate for not less than 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 (a) of Section 2-of the Code, and the provisions of the Code shall have effect accordingly.
SECTION 12: PROCEDURE AND POWERS OF DESIGNATED COURTS
(1) 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-orSection 262-of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of Sections 263-to265-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) A Designated Court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of Section 308-of the Code, be deemed to have been tendered under Section 307-thereof.
(4) 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.
(5) Subject to the other provisions of this Act, every case transferred to a Designated Court under sub-section (2) of Section 9-shall be dealt with as if such case had been transferred under Section 406-of the Code to such Designated Court. NOTES Summary trial.-Relevant provisions of Cr.P.C. are given below- 263. Regard in summary trials.-In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely-
(a) the serial number of the case; (b) the date of the commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant (if any) ; (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of Section 260-, the value of the property in respect of which the offence has been committed ; (g) the plea of the accused and his examination (if any) ; (h) the finding; (i) the sentence or other final order; (j) the date on which proceedings terminated. 264. Judgment in eases tried summarily.-In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding. 265. Language of record and judgment.-(1) Every such record and judgment shall be written in the language of the Court. (2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate. Tender of pardon.-Section 307, Cr. P.C. is given below- 307. Power to direct tender of pardon.-At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.
SECTION 13: PROTECTION OF WITNESSES
(1) Notwithstanding anything contained in the Code, all proceedings before a Designated Court shall be conducted in camera: Provided that where the Public Prosecutor so applies, any proceedings or part thereof may be held in open court.
(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 the 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-
(a) the holding of the proceedings at a protected place;
(b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public;
(c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed.
(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.
SECTION 14: 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.
SECTION 15: 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 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.
SECTION 16: APPEAL
(1) Notwithstanding 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 of a Designated Court.
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