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.
(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 04: MISCELLANEOUS
SECTION 17: 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 or any rule made thereunder shall be deemed to be acognizable 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 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";
(b) the references in sub -section (2) thereof to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "sixty days", "one year" and "one year", respectively; and
(c) sub -section (2-A) thereof shall be deemed to have been omitted.
(3)Sections 366-to371-andSection 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.
(4) 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.
(5) 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-
(a) the Public Prosecutor has been given an opportunity to oppose the application for such release, and
(b) 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.
(6) The limitations on granting of bail specified in sub-section (5) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail.
SECTION 18: COMPETENCE OF CENTRAL GOVERNMENT TO EXERCISE POWERS OF STATE GOVERNMENT AND DELEGATION OF POWERS
(1) Any power exercisable by a State Government under this Act may, after consultation with the State Government, be exercised by the Central Government with the same effect as if such power had been conferred directly on the Central Government and had been delegated by that Government to such State Government.
(2) The Central Government may, by notification in the Official Gazette, direct that any power (except the power under Section 5-to make rules) or duty which by this Act or by any rule made under this Act is conferred or imposed on the Central Government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also-
(a) by any officer of the Central Government not lower in rank than a Deputy Secretary to that Government, or (b) by any State Government or by any officer of a State Government not lower in rank than a Sub-divisional Magistrate or Magistrate of the First Class.
(3) The State Government may, by notification in the Official Gazette, direct that any power which by this Act or by any rule made under this Act is conferred or imposed on the State Government or which being by this Act or any such rule conferred or imposed on the Central Government has been directed under sub-section (2) to be exercised or discharged by the State Government shall) in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority subordinate to the State Government.
SECTION 19: 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 Courts.
SECTION 20: 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.
SECTION 21: 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 effect 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.
SECTION 22: 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.
SECTION 23: 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 (1 of 1872)-, presume that such order was so made by that authority.
SECTION 24: PROTECTION OF ACTION TAKEN UNDER THE ACT
No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer or authority of the Central Government or State Government or any other authority to whom powers have been delegated under this Act for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder or any order issued under any such rule.
TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) RULES, 1986
In exercise of the powers conferred by Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (31 of 1985), the Central Government hereby makes the following rules, namely :-
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Terrorist and Disruptive Activities (Prevention) Rules, 1986.
(2) They shall come into force at once.
RULE 02: DEFINITIONS
-In these rules, unless the context otherwise requires,-
(a) "Act" means the Terrorist and Disruptive Activities (Prevention) Act, 1985 (31 of 1985);
(b) "empowered authority" means 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 or a Union territory Administration 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.
(c) "essential service" shall include those services which the Central Government have declared to be such under the provisions of the Essential Services Maintenance Act, 1981 (40 of 1981);
(d) "essential supplies" means articles which the Central Government being of opinion that the maintenance of supply thereof is essential to the life of the community, declares by an order in writing to be an essential article;
{e) "media" shall include, besides newspapers and other printed material normally circulated, hand-written posters, booklets, hand-bills or display of slogans at public places ;
(f) "notified" and "notification" means notified and notification in the Official Gazette ;
(g) "official document" includes any passport, pass, permit certificates, licence, notice or other document issued by or under the authority of Government or any officer of the Armed Forces of the Union or any police officer ;
(h) "prescribed" means prescribed by any order or direction made or given in pursuance of any of these Rules ;
(i) "prohibited place" means a prohibited place as defined in Coarse 8 of Section 2 of the Official Secrets Act, 1923 (19 of 1923)-;
(j) "protected area" means any area so declared under Rule 8 ;
(k) "protected place" means a place so declared by the Central Government or a State Government and includes any court room or building where trials, or other proceedings in connection with cases under the Act, are held;
(1) "public servant" includes any public servant as defined in the Indian Penal Code (45 of 1860) ;
(m) "speech" shall include pre-recorded speeches;
(n) "wireless telegraphy apparatus" has the same meaning as in the Indian Wireless Telegraphy Act, 1933 (17 of 1933).
RULE 03: INTERPRETATION
(1) The General Clauses Act, 1897 (10 of 1897) shall apply to the interpretation of these rules as it applies to the interpretation of a Central Act.
(2) Any reference in these rules to a Central Act shall, in relation to any area wherein that Central Act is not in force, be construed as including a reference to the corresponding law in force in that area.
(3) If any question arises as to the interpretation of the rules, it shall be referred to the Central Government for decision.
RULE 04: PREVIOUS APPROVAL OF THE CENTRAL GOVERNMENT REQUIRED IN CERTAIN CASES
Notwithstanding anything contained in these rules, no power conferred or duty imposed upon the State Government or the Administrator of a Union Territory by such of the provisions of these rules as may be specified by the Central Government by notified order shall, with effect from such date as may be specified in such order, be exercised or discharged by any State Government or the Administrator of a Union territory, as the case may be, as specified in the order or by any officer or authority authorised in that behalf by that State Government or Administrator, except with the previous approval of the Central Government.
RULE 05: NON COMPLIANCE WITH THESE RULES OR ORDERS MADE THERE UNDER
If any person to whom any provision of these rules relates, or to whom any order made in pursuance of these rules is addressed or relates, or who is in occupation, possession or control of any property, moveable or immovable, or other thing to which such provision relates, or in respect of which such order is made,
(a) fails without lawful authority or excuse-
(i) in relation to such provision as relates to himself, or
(ii) in respect of any property, moveable or immovable or other thing of which he is in occupation, possession or control, to comply or to secure compliance, with such provision or order; or
(b) evades, or attempts to evade, by any means such provision or order-he shall be deemed to have contravened such provision or order; and in these rules the expression "contravention" with its grammatical variations includes any failure, evasion or attempt to evade.
RULE 06: PROHIBITED PLACES
(1) No person shall, without the permission of the Central Government or the State Government enter or be on or in or pass over or loiter in the vicinity of, any prohibited place.
(2) Where in pursuance of sub-rule (1) any person is granted permission to enter, or to be on or in, or to pass over, a prohibited place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the Central Government or the State Government.
(3) Any police officer or any other person authorised in this behalf by the Central Government or the State Government may search any person entering, or seeking to enter, or being on or in, or leaving or passing over or seeking to pass over, a prohibited place and any vehicle, vessel, aircraft or article brought in by such person, and may, for the purpose of the search, detain such person, vehicle, vessel, aircraft or article : Provided that no female shall be searched in pursuance of this sub-rule except by a female.
(4) If any person is in a prohibited place in contravention of this rule, then, without prejudice to any other proceedings which may be taken, against him, he may be removed there from by any police officer or by any other person authorised in this behalf by the Central Government or the State Government.
(5) If any person is in a prohibited place in contravention of any of the provisions of this rule, he shall be punishable with imprisonment for a term which shall not be less than six months but may extend to three years and shall also be liable to fine.
RULE 07: PROTECTED PLACES
(1) If, as respects any place or class or places, the Central Government, or the State Government considers it necessary or expedient for the prevention of and for coping with terrorist and disruptive activities that special precautions should be taken to prevent the entry of unauthorized persons or to exclude any person or class of persons, from having access to or being present in or in the vicinity of such a place or places, that Government may by order declare that place, or as the case may be, every place of that class to be a protected place, for such period as may be specified in the order. On and after such day, as may be specified in, a subject to any exemptions as may be made in, such order, no person not being a public servant, or a Judge, or an officer of the court, or an accused, as the case may be, shall be therein except in accordance with the terms of a permit in writing granted to him by an authority or person specified in the said order.
(2) A copy of the order issued under sub-rule (1) shall be affixed in English and in vernacular of the locality at some conspicuous part of the protected place.
(3) Any police officer, or any other person authorised in this behalf by the empowered authority may search any person entering or seeking to enter, or being in or in, or leaving a protected place, and any vehicle or article brought in by such person, and may, for the purpose of the search detain such person, vehicle or article: Provided that no female shall be searched in pursuance of this sub-rule except by a female.
(4) If any person is in or passes over, a protected place in contravention of this rule, or refuses to submit himself or the vehicle or article for the time being in his possession for search, then, without prejudice to any other proceedings which may be initiated against him, he may be removed there- from by or under the direction of any police officer or other person on security duty in such a place. Thereupon the vehicle or article found to be in possession of the person so removed may also be seized or directed to be seized.
(5) Any contravention of the provisions of this rule shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend up to three years and shall also be liable to fine.
RULE 08: PROTECTED AREAS
(1) If the Central Government or the State Government consider it necessary or expedient, for the prevention of and for coping with terrorist and disruptive activities, to regulate the entry of persons into any area, that Government may, without prejudice to the provisions of any other rule, by order, declare the area to be protected area, and thereupon, or so long as the order is in force, such area shall be a protected area for the purposes of these rules.
(2) A copy of the order issued under sub-rule (1) shall be affixed in English and in vernacular of the locality at some conspicuous part of the protected area.
(3) On and after such date as may be specified in, and subject to any exemption for which provision may be made by an order made under sub- rule (1), no person who was not at the beginning of the said day residing in the area declared to be a protected area by the said order shall be therein except in accordance with the terms of a permit granted to him by an authority or person specified in the said order.
(4) Any police officer, or any other person authorised in this behalf by the Central Government, or the State Government may search any person entering or seeking to enter or being on or in or leaving a protected area, and any vehicle, vessel, aircraft or article brought in by such person, and may, for the purposes of search, detain such person, vehicle, vessel, aircraft or article: Provided that no female shall be searched in pursuance of this sub-rule except by a female.
(5) If any person is in, or passes over, a protected area, in contravention of the provision of this rule, then, without prejudice to any other proceedings which may be taken against him, he may be removed there from by or under the direction of any police officer or any member of the Armed Forces of the Union on duty in the protected area.
(6) If any person is in a protected area in contravention of any of the provisions of this rule, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend up to three years and shall also be liable to fine.
RULE 09: FORCING OR EVADING A GUARD
Any person, whether alone or pass part of a group of persons, who effects or attempts to effect entry into, or passes over, or attempts to pass over a prohibited place or a protected place-
(a) by using or threatening to use criminal force to any person posted for the purpose of protecting or controlling access to such place, or
(b) after taking precautions to conceal his entry or attempted entry from any such person shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.
RULE 10: ORDERS FOR CERTAIN PLACES AND AREAS
(1) Without prejudice to the provisions of any other rule, the Central Government or State
Government as respects any other place or area in relation to which it appears to it to be necessary or expedient to take special precautions for prevention of, and for coping with, terrorist activities, may, make orders for controlling or regulating the admission of persons to, and the conduct of persons in, and in the vicinity of, such place or area.
(2) Without prejudice to the generality of the foregoing provisions, orders made under sub-rule (1) in relation to any place or area may, make provision-
(a) for restricting the admission of persons or class of persons to such place or area and for removing there from any person who is therein in contravention of the orders or who has been convicted of-
(i) any contravention of the provisions of these rules ; or
{ii) any offence against public order;
(b) for requiring the presence of any person, or class of persons, in such place or area (to be notified by the empowered authority) and for requiring any person who has been convicted of any such offence as is mentioned in clause (a) of this sub-rule to report his movements while in such place or area and to observe any other condition imposed upon him by such authority.
{c) for prohibiting any person or class of persons in such place or area from being in possession or control of any prescribed article.
(3) Any order made under this rule in respect of a place, which is not a prohibited place or a protected place, may direct that all or any of the provisions of these rules which are expressed to apply to, or in relation to, a prohibited place or protected place, shall apply to or in relation to the place in respect of which the order is made either without modification or subject to such modifications as may be specified in the order.
(4) If any person contravenes any order made under this rule, he shall be punishable with imprisonment for a term which shall not be less than six months and may extend up to three years and shall also be liable to fine.
RULE 11: TRESPASSING ON CERTAIN PREMISES
(1) No person shall commit criminal trespass on, or in any premises in the vicinity of, any premises used or appropriated for any of the purposes of the Government or for coping with terrorist acts or disruptive activities, or for protection from terrorists and disruptionists.
(2) If any person is found trespassing on any premises in contravention of sub-rule (1) he may, without prejudice to any other proceedings which may be taken against him, be removed from such premises by any police officer or any other person acting on behalf of Government, or by the person occupying the premises, or by any person authorised by him.
(3) No person shall, for any purpose prejudicial to the public safety, or for endangering the safety of any public servant or of any person bound by oath under the Constitution to uphold the sovereignty and territorial integrity of India be in, or in the vicinity of any such premises as are referred to in sub-rule (1); and where, in any proceedings taken against a person by virtue of ibis sub-rule it is proved that at the material lime he was present, in, or in the vicinity of the premises, the prosecution may thereupon adduce such evidence of the character of such person (including evidence of Ins having been previously convicted of any offence) as tends to show that he was so present for a purpose prejudicial to the public safety or to the safety of any public servant or any person bound by oath under the Constitution to uphold the sovereignty and territorial integrity of India.
(4) If any person contravenes any of the provisions of this rule, he shall he punishable with imprisonment for a term which shall not be less than six months but may extend in the case of contravention of sub-rule (3), to seven years and in any other case to three years and shall also be liable to fine.
RULE 12: LOITERING NEAR CERTAIN PREMISES
(1) No person loitering in the vicinity of any protected place or a prohibited place or any other place as is referred to in sub-rule (1) of Rule 10-shall continue to loiter in that vicinity after being ordered to leave it by any police officer of any other person acting on behalf of Government or by the person in occupation of the said premises, or any person authorised by him.
(2) If any person contravenes the provisions of sub-rule (1), he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.
RULE 13: POWER TO CLOSE ROADS, ETC
(1) The Central Government or the State Government may, for reasons to be recorded in writing, by order, prohibit or restrict for such period as may be specified in the order, -
(a) the use of any road, pathway, canal or water-way;
(b) the passage of any person, animal or vehicle over any land or the carriage of the number of persons by any such animal or vehicle.
(c) the travelling of any person or class of persons from travelling by any vehicle of class of vehicles or by any road, pathway, canal or water-way.
(2) If any person contravenes any order made under sub-rule (1), he shall be punishable with imprisonment for a term which may not be less than six months but may extend to seven years and shall also be liable to fine.
RULE 14: CONTROL OF TELEPHONES AND TELEGRAPHS
(1) Where the empowered authority is satisfied or has reasonable grounds to suspect that a telephone connection of a subscriber or the telephone apparatus, is being used for purposes of, or for aiding or abetting or for making any preparation to aid or abet any terrorist or disruptive activity, may by order,-
(a) direct that the telephone connection in question be cut off for such period as may be specified ; and that all telephone apparatus and fittings on the premises be taken possession of by such person as may be specified in that order;
(b) authorise any person, empowered by him in this behalf, by order in writing to listen in to all conversations or any specified conversation over any telephone system;
(c) make provision for suspending or regulating the use otherwise than for government purposes, of any telegraph or telephone service in any area, which for the time being may constitute, or form part of any area that had been declared to be a disturbed area under any enactment for the lime being in force ;
(d) assume the control or direction, or direct any person to assume the control or direction, of any private telephone exchange or any connection with any such exchange.
(2) If any person contravenes any order made under the provisions of sub-rule (1) he shall be punishable with imprisonment for a term which may not be less than six months but which may extend to seven years and shall also be liable to fine.
RULE 15: POWER TO PROHIBIT AND TO SEARCH, ETC. TRAVELLERS CONVEYING NON POSTAL CORRESPONDENCE
(1) In this rule "photograph" includes any photographic plate, photographic film or other
sensitised article which has been exposed in a camera whether such plate, film or other article has been developed or not.
(2) The Central Government may, by order, make provision for securing that, subject to any exemptions for which provision may be made by the order, and except in accordance with such conditions as may be contained therein, no article whatsoever recording information and no document, pictorial representation photograph or gramophone record or cassette which advocates, abets, advices or incites or knowingly facilitates tlie commission of a terrorist activity or disruptive activity, shall be sent or conveyed, other- wise than by post, into or from India.
(3) No person shall have any article in his possession for the purpose of sending or conveying it in contravention of an order made under sub-rule (2).
(4) Any prohibition or restriction imposed by an order under sub- rule (2J on the sending into, or conveying from India of articles, shall be deemed to have been imposed under section 11 of the Customs Act, 1962 (52 of 1962)-and all the provisions of that Act for the purpose of detection, search and seizure shall have effect accordingly : Provided that notwithstanding anything contained in the Customs Act, 1962 (52 of 1962) or any orders made thereunder, a complaint regarding contravention of this rule shall be triable by a Designated hour within whose jurisdiction such a contravention took place or such oilier Designated Court to which the case may be transferred by the Central Government in terms of sub-section (2) or sub-section (3) of Section 9-of the Act, and the accused person shall, upon conviction, be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine.
(5) Any officer of Customs may, for the purpose of carrying into evict the provisions of this rule, lake such steps (including the subjection of the article to any process) as may be necessary for ascertaining whether an article does or does not record any information of the nature specified.
(6) The Central Government or the State Government may, by order, authorise any person for the purposes of this rule to exercise the powers, and perform the duties conferred or imposed on a Collector of Customs or any subordinate officer of customs by or under the Customs Act, 1962 (52 of 1962).
RULE 16: ENTERING INDIA
(1) The Central Government may, by notified order, make provision for securing that, subject to such exemptions as may be provided for in the order, any person or class of persons shall not, on coming from a place outside India, enter India elsewhere than at such place as may be specified in the order.
(2) If any person enters India in contravention of any order made under sub-rule (1) or of the provisions of, or any rule or order made under the Passport (Entry into India) Act, 1920 (34 of 1920), he shall, without prejudice to any other proceedings which may be taken against him, be punishable with imprisonment for a term which shall not be less than six months, but may extend to five years and shall be liable to fine.
RULE 17: INFORMATION TO BE SUPPLIED BY PERSONS ENTERING INDIA
(1) The Central Government may, by notified order, require any person or class of persons who has entered India and about whom there is prima facie ground to believe that such person or class of persons is likely to indulge in any activity, while in India that may disrupt harmony amongst different sections of the people in India or otherwise incite, advocate, abet or advise or knowingly facilitate any terrorist or disruptive activity in India, since such date as may be specified, to furnish to the empowered authority in such manner as may be specified such particulars regarding himself his dependent, his past and prospective movements and any travel document in his possession, as may be specified in that order.
(2) If any person contravenes any order made under sub-rule (1) he shall be punishable with imprisonment which may not be less than six months, or with fine which may extend to one thousand rupees.
RULE 18: COMMUNICATION WITH PERSONS ASSISTING TERRORISTS AND DISRUPTIONISTS
(1) No person shall communicate or associate with any person or class of persons if he has reasonable cause to believe that such other person or class of persons is engaged in assisting the terrorists and disruptionists.
(2) If any person contravenes any of the provisions of this rule, he shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine.
RULE 19: ARTICLES LIKELY TO AFFORD INFORMATION OR OTHER ASSISTANCE TO THE TERRORISTS AND DISRUPTIONISTS
(1) In this rule "information likely to assist the terrorists and disruptionists" means any information) whether true or false, or any document or other record whatsoever containing or purporting to contain, or calculated, directly or indirectly) to convey an information whether true or false, that may, or is intended directly or indirectly to, or is 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 or otherwise facilitate the commission of any terrorist act or disruptive activity, that is to say-
(a) any operations or projected operations of any of the Armed Forces of the Union or the Police Force, by whatever name called, of a State;
(b) the conditions of the citizen of India or of any class thereof or the sympathies of such citizens or class, as regards the sovereignty and territorial integrity of India;
(c) any arrangements relating to the protection of transport, communications, prohibited places, protected places, supplies and services essential to the community, security of any public servant or persons bound by oath under the Constitution to uphold the sovereignty and integrity of India and would include any information which is intended or is likely : -
(i) to bring into hatred or contempt, or to excite disaffection towards the Government established by law in India;
(ii) to bring into hatred or contempt, or excite disaffection towards the Armed Forces of the Union or the Police Force, by whatever name called, of a State or any public servant or class of public servants;
(iii) to promote feelings of enmity or hatred or otherwise affect the harmony between different classes of persons in India ;
{iv) to cause fear or alarm to the public or to any section of the public; or
(v) to instigate directly or indirectly the use of criminal force against public servants generally or any class of public servants or any individual public servant.
(2) No person shall without lawful authority or excuse-
(a) obtain, collect, record, elicit, make, print or publish, or distribute or communicate or spread by any means whatsoever) to any other person or class of persons any information likely to assist the terrorists and disruptionists; or
(b) make, print, publish or distribute any publication containing, or communicate to any person by any means whatsoever, any such information;
(c) help the author, editor, printer and publisher of, or any person who otherwise makes or produces any information likely to assist the terrorists and disruptionists, or any person including a reporter or correspondent of any news agency or journalist distributes or sells any information or report of that nature, knowing it to be of such nature ;
(d) help the proprietor, manager or any other person in control of any place in which, or every person who takes part in any public performance of any play, pantominc, drama or recitation in the course of which any information likely to assist the terrorists and disruptionists is published, or any video or cassette containing such information' is exhibited.
(3) If any person contravenes any of the provisions of this rule, he shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine.
RULE 20: PROHIBITION OF PUBLISHING MATTER DERIVED FROM TERRORISTS, OR DISRUPTIONISTS ETC
(1) No person shall, without lawful authority, make, print, publish or distribute any document containing or spread by any other means whatsoever, any matter derived from terrolists or disruptionists, their sympathisers or associates, or sources sponsored or utilised by or other- wise connected with terrorists, disruptionists, or their associates or sympathisers.
(2) In any proceedings arising out of a contravention of sub-rule (1) where it appears to the Designated Court that the substance of any matter-
(i) broadcast from any wireless broadcasting station operated or controlled by the terrorrists and disruptionists, or
(ii) published in any leaflet distributed by the terrorists and disruptionists, by any means whatsoever, is at any subsequent time reproduced, whether in the same or a different form and whether with or without comments, in any document, or cassette the Designated Court may presume that the matter contained in the document or cassette, as the case may be, is derived from a terrorist or disruptionist source.
(3) If any person contravenes the provisions of this rule, he shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine.
Explanation.-In this rule "document" includes gramophone records, cassettes, tapes, sound-tracks and any other articles on which sound has been recorded with i view to their subsequent reproduction.
RULE 21: MEASURES IN RELATION TO CERTAIN PREMISES
(1) The Central Government or the State Government may by order as respects such premises as may be specified in the order-
(a) require the owner or the occupier of the premises to take such measures as may be specified in the order, or
(b) authorise any person to take such measures as may be so specified, which are in the opinion of that Government necessary to prevent the use of the premises by terrorists or disruptionists or for committing or planning or preparing for any terrorist act or disruptive activity, or to minimize danger to persons and property in or in the vicinity of such premises during any operations against terrorists and disruptionists.
(2) If any person contravenes any order made under this rule, he shall be punishable with imprisonment for a term which shall not be less than six months and shall also be liable to fine.
RULE 22: POSSESSION, USE OR DISPOSAL OF ARMS, EXPLOSIVES, ETC
(1) The Central Government or the State Government may, by general or special order, prohibit, restrict or impose conditions on, the possession, carrying, use, sale or other disposal of-
(a) arms or articles capable of being used as arms;
(b) ammunition;
(c) dangerous substances.
Explanation: For the purposes of this rule, "dangerous substances'" mean- (i) substances, which are or are declared to be explosives within the meaning of the Explosives Act, 1884 (4 of 1884), and (ii) substances which [being substances capable of being used in the manufacture of explosives, or being corrosive substances or inflammable substances or poisons or noxious gases or other chemicals or any other substances (whether biological or other- wise) or for any other reason] are declared in the order to be dangerous substances.
(2) Without prejudice to any powers conferred by or under any other law for the time being in force-
(a) if any police officer not below the rank of head constable or any other public servant authorised by the empowered authority to act under this rule, suspects that any arms, articles capable of being used as arms, ammunition or dangerous substances are in or upon any land, vehicle, aircraft, vessel, building or other premises in contravention of an order made under sub-rule (1), he may enter, if necessary by force, and search the land, vehicle, aircraft, vessel, building or premises in or upon which he suspects that a contravention of an order made under sub -rule (1) has been committed at any time of the day or night and may seize any arms, articles capable of being used as arms, ammunition, or dangerous substances found therein or thereon which he suspects to be therein or thereon in contravention of such order.
(b) if any police officer, or any other public servant authorised by the empowered authority to act under this rule, suspects that any person is carrying, or is in possession of arms, articles capable of being used as arms, ammunition, or dangerous substances in contravention of an order made under sub-rule (1), such officer or other public servant may stop and search or cause to be searched such person and seize any arms, articles capable of being used as arms, ammunition, or dangerous substances possessed or carried by him which such officer or other public servant suspects to be possessed or carried in contravention of such order: Provided that no female shall be searched in pursuance of the provisions of this rule except by a female.
(3) Any arms, ammunition, dangerous substances or other articles seized under the provisions of this rule may be destroyed or otherwise disposed of as may be ordered by the empowered authority.
(4) Any contravention of any order made under this rule shall be punishable as follows:-
(a) if the contravention had taken place in an area which forms the whole or any part in an area which has been declared to be disturbed area under any enactment for the time being in force, with imprisonment which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
(b) in cases where the contravention had taken place in an area the whole or part of which is covered by notifications issued under Section 24-A-or24-B of the Arms Act, 1954 (54 of 1959)-shall be punishable with imprisonment for a term which shall be not less than three years but which may extend to seven years and shall also be liable to fine.
(c) where the contravention has taken place in an area not covered by clause (a) or (6), such contravention shall be punishable with imprisonment for a term which shall not be less than one year and shall also be liable to fine.
RULE 23: ASSISTANCE TO TERRORISTS OR DISRAPTIONISTS
(1) No person shall directly or indirectly indulge in any of the following activities, which are or are likely to facilitate the commission of a terrorist act or disruptive activity or which are likely to prejudice the successful conduct of operations against any terrorist or disruptionist,-
(a) advance money to, or enter into any contract with any terrorist or disruptionist or any person engaged in conspiring or attempting to commit or who advocates, abets, advises or incites or knowingly facilitates the commission of a terrorist act or a disruptive activity, or any act preparatory to such a terrorist or disruptive activity; or
(b) pay any sum of money to or for the benefit of any such person; or
(c) give any security for the payment of any debt or any other sum of money for the benefit of such a person ; or
(d) act on behalf of such a person in drawing, accepting paying, presenting for acceptance or payment, negotiating, or otherwise dealing with any negotiable instrument; or
(e) accept, pay or otherwise deal with any negotiable instrument which is held by or on behalf of a terrorist or a disruptionist or such other person as specified in clause (a) ; or
{f) enter into any other financial obligation or contract with or for the benefit or any terrorist or disruptionist or any such person as specified in clause (a).
(2) No citizen of India who is for the time being outside India or persons in the service of the Government, wherever they may be, or the master of any vessel or the pilot of any aircraft registered in India shall extend any assistance whatsoever to terrorists or disruptionists or such other persons as specified in sub-rule (1).
(3) The Central Government, may) either generally or for any particular area, empower one or more auihorities as it may deem fit for securing compliance with the provisions of sub-rule (1) and such authorities may issue such orders or directions to institutions including banks, in writing, as it may deem fit, with reference to transactions made by or on behalf of any terrorist or disruptionist or any other person connected with a terrorist or a disruptionist in any manner whatsoever.
(4) Any person who knowingly expends or supplies any money in furtherance or support of any activity which is an offence under the Act shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine.
RULE 24: OBSTRUCTING LAWFUL AUTHORITIES
If any person voluntarily obstructs, or offers any resistance to, or impedes or otherwise interferes with-
(a) any member of the Armed Forces of the Union or the Police Force by whatever name called of a State acting in the course of his duty as such, or
{b) any authority, officer or person exercising any powers, or performing any duties) conferred or imposed upon it or him by or in pursuance of these rules, or otherwise discharging any lawful functions in connection with the operations to prevent and cope with the terrorist acts and disruptive activities, or
(c) any person who is carrying out the orders of any such authority, officer or person as 3 foresaid or who is otherwise acting in accordance with his duty in pursuance of these rules, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
RULE 25: ATTEMPTS, ETC. TO CONTRAVENE THE RULES
Any person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, a contravention of, any of the provisions of these rules or of any order made thereunder, shall be deemed to have contravened that provision or) as the case may be, that order.
RULE 26: OFFENCES BY COMPANIES
(1) Where an offence against the provisions of these rules, or of any order made thereunder, has been committed by a company) every person who at the time the offence was committed was in charge of) and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-rule shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-rule (1), where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary, or other officer of the company) such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purposes of the rule,- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", - (i) in relation to a firm, means a partner in the firm, (it) in relation to a society or other association of individuals, means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be.
RULE 27: BURDEN OF PROOF IN CERTAIN CASES
Where any person is prosecuted for contravening any of these rules or order made thereunder which prohibits him from doing an act or being in possession of a thing without lawful authority or excuse or without a permit, licence, certificate or permission, the burden of proving that he had such authority or excuse or, as the case may be, the requisite permit, licence, certificate or permission, shall be on him.
RULE 28: POWER TO ISSUE SEARCH WARRANTS
(1) If a District Magistrate) Commissioner of Police in a Metropolitan area or any officer competent to exercise under any law the powers of a District Magistrate has reason to believe that a contravention of any of these rules or any offence prejudical to the operations to prevent and cope with the terrorist acts and disruptive activities has been, is being, or is about to be, committed in any place, he may by warrant authorise any police officer above the rank of a constable-
(a) To enter and search the place in the manner specified in the warrant; and
(b) to seize anything found in or on such place which the police officer has reason to believe has been, or being, or is intended to be, used, for the purpose of or in connection with any such contravention or offence as aforesaid, and the provision of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as they may be applicable, apply to any such search or seizure, as they apply, to any search or seizure made under the authority of a warrant issued under Section 94 of the Code.
(2) Any Magistrate before whom anything seized under sub-rule (1) is conveyed shall forthwith report the fact of such seizure to the State Government and, pending the receipt of its orders may detain in custody anything so seized or make such other order for its safe custody as he may think proper.
(3) Anything seized under sub-rule (1) shall be disposed of in such manner as the State
Government may direct.
(4) In this rule, and in Rule 57 "place" includes a house, building, tent, vehicle and aircraft.
RULE 29: POWERS OF SEARCH
(1) The Central Government or the State Government may by general or special order empower any person to-
(a) stop and search any vessel found in inland waterways or any vehicle or animal;
(b) search any place (including any vessel wherever found) and seize anything found on search under this sub-rule (including a vessel vehicle or animal) which he has reason to believe has been, is being, or is about to be, used for the commission of any offence punishable under the Act or these rules.
(2) Any person empowered under sub-rule (1) shall forthwith report to the State Government in detail any seizure made by him and, pending the receipt of its orders may detain in custody anything so seized or take such other steps for its safe custody as he may think proper.
(3) Anything seized by a person empowered under sub-rule (1) shall be disposed of in such manner as the Designated Court may direct.
(4) A person empowered by the Central Government or the State Government under sub-rule (1) may authorise any other person to exercise like powers as his own in the whole or any part of the area in respect of which the Government has empowered him.
RULE 30: ENTRY AND INSPECTION OF LAND
Any member of the Armed Forces of the Union or of the State Police Force acting in the course of his duty as such, and any person authorised by the Central Government or the Stale Government to act under this rule-
(a) may enter on any land for the purpose of exercising any of the powers conferred in relation to that land by any of the provisions of the Act and these rules;
(b) may enter and inspect any land for the purpose of determinating whether, and, if so, in what manner, any of those powers arc to be exercised in relation to that land ;
(c) may, for any purpose connected with the operations to prevent and cope with terrorist acts and disruptive activities, pass (with or without animals or vehicles) over any land.
RULE 31: POWERS TO GIVE EFFECT TO RULES, ORDERS, ETC
(1) Any authority, officer or person who is empowered by or in pursuance of the Act or any of these rules to make any order, or to exercise any other power may, in addition to any other action prescribed by or under these rules, take, or cause to be taken, such steps and use, or cause to be used, such force, including the locking or sealing of any premises until a search or inspection thereof or seizure of any articles or things therein has been completed, as may in the opinion of such authority, officer or person, be reasonably necessary for securing compliance with, or for preventing or rectifying any contravention of, such order, or for the effective exercise of such power.
(2) Where in respect of any of the provisions of these rules there is no authority, officer or person empowered to take action under sub-rule (1), the Central Government or the State Government may take, or cause to be taken, such steps and use, or cause to be used, such force as may in the opinion of that Government be reasonably necessary for securing compliance with or preventing or rectifying any breach of such provision.
(3) For the avoidance of doubt, it is hereby declared that the power to take steps under sub-rule (1) or under sub-rule (2) includes the power to enter upon any land or other property whatsoever. |
