TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987
28 of 1987
3rd September, 1987
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-eight Year of the Republic of India as follows:
STATEMENT OF OBJECTS AND REASONS OF ACT, 1987 The Terrorist and Disruptive Activities (Prevention) Act, 1985, was enacted in May, 1985, in the background of escalation of terrorist activities in many parts of the country at the time. It was expected then that it would be possible to control the menace within a period of two years and, therefore, the life of the said Act was restricted to a period of two years from the date of commencement. However, it was subsequently realised that on account of various factors, what were stray incidents in the beginning have now become a continuing menace specially in State like Punjab. On the basis of experience, it was felt that in order to combat and cope with terrorist and disruptive activities effectively it is not only necessary to continue the said law but also to strengthen it further. The aforesaid Act of 1985 was due to expire on the 23rd May, 1987. Since both Houses of Parliament were not in session, and it was necessary to take immediate action, the President promulgated the Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (2 of 1987), on the 23rd May, 1987, which came into force with effect from the 24th May, 1987. 2. The Ordinance included all the provisions of the Act of 1985, except the following main changes, namely :(a) punishments for terrorist acts and disruptive were made more deterrent;
(b) the Central Government has also been empowered to constitute Designated Courts; (c) the exhaustive enumeration of rule-making powers, as contained in Sec. 5 of the 1985 Act, had been dispensed with and the Central Government had been given power to make rules for carrying out the provisions of the Ordinance. 3. Subsequent to the promulgation of the Ordinance, it was felt that the provisions need further strengthening in order to cope with the menace of terrorism. It is, therefore, proposed that persons who are in possession of certain arms and ammunition specified in the Arms Rules, 1962 or other explosive substances unauthorisedly in an area to be notified by the State Government shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and with fine. It is further proposed to provide that confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or on any mechanical device shall be admissible in the trial of such person for an offence under the proposed legislation or any rules made thereunder. It is also proposed to provide that the Designated Court shall presume, unless the contrary is proved, that the accused had committed an offence where arms or explosives or any other substances specified under
Sec. 3 were recovered from his possession, or where by the evidence of an expert the finger prints of the accused were found at the site of offence or where a confession has been made by a co-accused that the accused had committed the offence or where the accused had made a confession of the offence to any other person except a police officer. It is also proposed to provide that in the case of person declared as a proclaimed offender in a terrorist case, the evidence regarding his identification by witnesses on the basis of his photograph shall have the same value as the evidence of a test identification parade. Further, the Designated Courts are also proposed to be empowered to try certain offences in a summary way in accordance with the procedure prescribed in the Code of Criminal Procedure, 1973. The matters in respect of which rules may be made by the Central Government are also proposed to be enumerated. The said amendments included in the bill, have been explained in the Memorandum attached to the bill. 4. The bill seeks to replace the aforesaid Ordinance and to include therein the aforesaid amendments.
STATEMENT OF OBJECTS AND REASONS OF ACT 43 OF 1993 "The Terrorist and Disruptive Activities (Prevention) Act, 1985, was enacted on 23rd May, 1985 in the background of escalating terrorist activities in many parts of the country. The Act came into force with effect from 24th May, 1985 with the stipulation that it would remain valid for a period of two years with effect from the date of its commencement as it was hoped at that time that it would be possible to control the menace of terrorism in a period of two years. Unfortunately, terrorist violence has continued unabated, necessitating the Government to periodically extend the Act on the due dates in 1987, 1989 and 1991- The life of the Act is now due to expire on the 23rd May, 1993. The view of the State Governments were obtained while processing these extensions, and most of them had recommended extension of the Act. 2. Terrorism which has initially confined to the States of Punjab, Jammu and Kashmir and North East has spread its tentacles to the States of Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Maharashtra, Haryana, Delhi, Gujarat and West Bengal. Apart from this, the sophisticated weapons, remote control devices, rocket launchers, professional training and international involvement have added a new and disturbing dimension to the problem. 3. The menace of terrorism has also been a matter of international concern. Recently, we have entered into an agreement with the United Kingdom for mutual assistance in the investigation of the proceeds and instruments of crime and terrorist funds. This agreement is particularly usefully in dealing with terrorism inspired from abroad. 4. Keeping in view the above considerations, it is proposed to amplify some of the existing provisions so as to also concretize the agreement signed recently with the United Kingdom for mutual assistance in investigation and prosecution of terrorists crime and the tracing, restraint and confiscation of the proceeds and instruments of crime and terrorist funds and to extend the Act for a further period of two years up to 23rd May, 1995. 5. The present Bill seeks to achieve the above mentioned objects."
SECTION 01: SHORT TITLE, EXTENT, APPLICATION, COMMENCEMENT, DURATION AND SAVINGS
(1) This Act may be called the Terrorist and Disruptive Activities (Prevention) Act, 1987.
(2) It extends to the whole of India, and it applies also-
(a) to citizens of India outside India;
(b) to persons in the service of the Government, wherever they may be; and
(c) to persons on ships and aircraft registered in India, wherever they may be.
(3)Sec. 5-,15-,21-and22-shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 24th day of May, 1987.
(4) .It shall remain in force for a period of2[eight years] from the 24th day of May, 1987, 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) "Abet", with its grammatical variations and cognate expressions, includes -
(i) the communication or association with any person or class of persons who is engaged in assisting in any manner terrorists or disruptionists;
(ii) the passing on, or publication of, without any lawful authority, any information likely to assist the terrorists or disruptionists, and the passing on, or publication of, or distribution of, any document or matter obtained from terrorists or distuptionists;
(iii) the rendering of any assistance whether financial or otherwise, to terrorists or disruptionists;
(b) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);
(c) "Designated Court" means a Designated Court constituted under Sec. 9 -;
(d) "Disruptive Activity" has the meaning assigned to it in Sec. 4-and the expression "disruptionist" shall be construed accordingly;
(e) "High Court" means the High Court of the State in which a Judge or an Additional Judge of a Designated Court was working immediately before his appointment as such Judge or Additional Judge;
(f) "Notified Area" means such area as the State Government may, by notification in the Official Gazette, specify;
(g) ''Public Prosecutor'' means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under Sec. 13-, and includes any person acting under the directions of the Public Prosecutor;
3[(gg) '' Property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived or obtained from the terrorist act and includes proceeds of terrorism;]
(h) ''Terrorist Act" has the meaning assigned to it in sub -section (1) of Sec. 3-, and the expression "terrorist" shall be construed according;
(i) 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.
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 by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies of services essential to the life of the community, or detains are person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act.
(2) Whoever commits a terrorist act, shall,-
(i) if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to fine;
(ii) in any other case be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for the 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, terrorist act or any act preparatory to a terrorist to act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(4) Whoever harbours or conceals, or attempts to harbour or conceal, any terrorist shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
3[
(5) Any person who is a member of a terrorist's gang or a terrorist's organisation, which is involved in terrorist acts, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(6) Whoever holds any property derived or obtained from commission of any terrorist act or has been acquired through the terrorist funds shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.]
SECTION 04: PUNISHMENT FOR DISRUPTIVE ACTIVITIES.
Whoever commits or conspires or attempts to commit or abets, advocates, advises, or knowingly facilitates the commission of, any disruptive activity or any act preparatory to a disruptive activity shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(2) For the purpose 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 secession of any part of India or the secession of any part of India from 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 person bound by oath under the Constitution to uphold the sovereignty and integrity of India or any public servant shall be deemed to be a disruptive activity within the meaning of this section.
(4) Whoever harbours or conceals, or attempts to harbour or conceal, any disruptionist shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
SECTION 05: POSSESSIONS OF CERTAIN UNAUTHORISED ARMS, IN SPECIFIED AREAS
Where any person is in possession of any arms ammunition specified in columns 2 and 3 of Category 1 or Category III (a) of Sch. I to the Arms Rules, 1962, or bombs, dynamite or other explosive substances unauthorisedly in a notified area, he shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and shall also be liable to fine.
SECTION 06: ENHANCED PENALTIES.
(1) If any person with intent to aid any terrorist or disruptionist, contravenes any provision of, or any rule made under, the Arms Act, 1959 (54 of 1959)-,the Explosives Act 1884 (4 of 1884)-,the Explosive Substances Act 1908 (6 of 1909)-, or the Inflammable Substances Act, 1952 (20 of 1952)-, he shall, notwithstanding anything contained in any of the aforesaid Act or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(2) For the purpose of this section, any person who attempts to contravene or abets, or attempts to act, or does any act preparatory to the contravention of any provision of any law, rule or order, shall be deemed to have contravened that provision, and the provisions of subjection (1) shall, in relation to such person, have effect subject to the modification that the reference to "imprisonment for life" shall be construed as a reference to "imprisonment for ten years".
SECTION 07: CONFERMENT OF POWERS
(1) Notwithstanding anything contained in the Code or any other provision of this Act, the Central Government may, if it considers it necessary or expedient so to do,-
(a) for the prevention of and for coping with any offence under Sec. 3-orSec. 4 -; or
(b) for any case or class or group of cases under Sec. 3-orSec. 4-, in any State or part thereof, confer, by notification in the Official Gazette, on any officer of the Central Government, powers exercisable by a police officer under the Code in such State or part thereof or, as the case may be, for such case or class or group of cases and in particular, the powers of arrest, investigation and prosecution of persons before any Court.
(2) All officers of police and all officers of Government are hereby required and empowered to assist the officer of the Central Government, referred to in sub-section (1), in the execution of the provisions of this Act or any rule or order made thereunder.
(3) The provisions of the Code shall, so far as may be and subject to such modifications made in the Act, apply to the exercise of the powers by an officer under sub-section (1).
SECTION 07A: POWERS OF INVESTIGATING OFFICERS
If an officer investigating an offence committed under this Act has reason to believe that any property in relation to which an investigation is being conducted is a property derived or obtained from the commission of any terrorist act and includes proceeds of terrorism, he shall, with the approval of Superintendent of Police, make an order seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Court and a copy of such order shall be served on the person is concerned
Provided that the investigating officer duly inform the Designated Court within forth-eight hours of the attachment of such property and the said Court shall either confirm or revoke the order of attachment so issued.]
SECTION 08: FORFEITURE OF PROPERTY OF CERTAIN PERSONS
(1) Where a person has been convicted of any offence punishable under this Act or any rule made there- under, the Designated Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the Government free from all encumbrances.
(2) Where any person is accused of any offence under this Act or any rule made thereunder. It shall be open to the Designated Court trying him to pass an order that all or any properties, movable or immovable or both belonging to him shall, during the period of such trial be attached, and where such trial ends in conviction, the properties so attached shall forfeit to the Government free from all encumbrances
(3)(a) If upon a report in writing made by a police officer or an officer referred to in sub-section (1) of Sec. 7-, any Designated Court has reason to believe that any person, who has committed an offence punishable under this Act or any rule made thereunder, has absconded or is concealing himself so that he may not be apprehended, such Court may, notwithstanding anything contained in Sec. 82-of the Code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the date of publication of such proclamation.
(b) The Designated Court issuing a proclamation under Cl. (a) may, at any time order the attachment of any property, movable or immovable or both, belonging to the proclaimed person, the thereupon the provisions of Sec. 83-to85 -of the Code shall apply to such attachment as if such attachment were made under that Code.
(c) If, within six months from the date, of the attachment, any person, whose property is, or has been, at the disposal of the Government under sub- section (2) of Sec. 85-of the Code, appears voluntarily or is apprehended and brought before the Designated Court by whose order the property was attached, or the Courts, to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not received such notice of the proclamation as to enable him to attend within the time specified therein, such property or, if the same has been sold, the net proceeds of the sale and the residue of the property, shall after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.
(4) Where any shares in a company stand forfeited to the Government under this Section, then the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956)-, or the Articles of Association of the company forthwith register the Government as the transferee of such shares.
SECTION 09: DESIGNATED COURTS.
(1) The Central Government or a State Government may, by notification in the Official Gazette, constitute one or more Designated Courts for such area or areas, or for such case or class or group of cases as may be specified in the notification.
(2) Where a notification constituting a Designated Court for any area or areas or for any case or class or group of cases is issued by the Central Government under sub-section (1) and a notification constituting a Designated Court for the same area or areas or for the same case or class or group of cases has also been issued by a State Government under that sub-section, the Designated Court constituted by the Central Government, whether the notification constituting such Court is issued before or after the issue of the notification constituting the Designated Court by the State Government shall have, and the Designated Court constituted by the State Government shall not have, jurisdiction to try any offence committed in that area or areas or, as the case may be, the case or class or group of cases, and all cases pending before any Designated Court constituted by the State Government shall stand transferred to the Designated Court constituted by the Central Government.
(3) Where any question arises as to the jurisdiction of any Designated Court, it shall be referred to the Central Government whose decision thereon shall be final.
(4) A Designated Court shall be presided over by a Judge to be appointed by the Central
Government or, as the case may be, the State Government, with the concurrence of the Chief Justice of the High Court.
(5) The Central Government or, as the case may be, the State Government may also appoint, with the concurrence of the Chief Justice of the High Court, Additional Judges to exercise Jurisdiction in a Designated Court.
(6) A person shall not be qualified for appointment as a Judge or an Additional Judge of a Designated Court unless he is immediately before such appointment. Sessions Judge or an Additional Sessions Judge in any State.
(7) For the removal of doubts, it is hereby provided that the attainment by a person appointed as a Judge or an Additional Judge of a Designated Court in the age of superannuation under the rules applicable to him in the service to which he belongs, shall not affect his continuance as such Judge or Additional Judge.
(8) Where any Additional Judge or Additional Judges is or are appointed in a Designated Court the Judge of the Designated Court may from time to time by general or special order, in writing, provide for the distribution of business of the Designated Court among himself and the Additional Judge or Additional Judges and also for the disposal of urgent business in the event of his absence or the absence of any Additional Judge.
SECTION 10: PLACE OF SITTING.
A Designated Court may, on its own motion or on an application made by the Public Prosecutor, and if it considers it expedient or desirable so to do, sit for any of its proceedings at any place, other than its ordinary place of sitting
Provided that nothing in this section shall be construed to change the place of sitting of a Designated Court constituted by a State Government to any place outside that State.
SECTION 11: JURISDICTION OF DESIGNATED COURTS
(1) Notwithstanding anything contained in the Code, every offence punishable under any provision of this Act or any rule made thereunder shall be triable only by the Designated Court within whose local jurisdiction it was committed or, as the case may be, by the Designated Court constituted for trying such offence under sub-section (1) of Sec. 9-.
(2) If, having regard to the exigencies of the situation prevailing in a State, the Central
Government is of the opinion that- (a) the situation prevailing in such State is not conductive to a fair, impartial or speedy trial, or
(b) it is not likely to be feasible without occasioning the breach of peace or grave risk to the safety of the accused, the witnesses, the. Public Prosecutor and the Judge of the Designated Court or any of them, or
(c) it is not otherwise in the interests of justice, it may, with the concurrence of the Chief Justice of India (such concurrence to be obtained on a motion moved in that behalf by the Attorney-General), transfer any case pending before a Designated Court in that State to any other Designated Court within that State or in any other State.
(3) Where the whole of any part of the area within the local limits, of the Jurisdiction of a
Designated Court has been declared to be, or forms part of, any area which has been declared to be a disturbed area under any enactment for the time being in force making provision for the suppression of disorder and restoration and maintenance of public order, and the Central Government is of opinion that the situation prevailing in the State is not conclusive to fair, impartial or speedy trial within the State of offences under this Act or the rules made thereunder which such Designated Court is competent to try, the Central Government may, with the concurrence of the Chief Justice of India, specify, by notification in the Official Gazette, in relation to such Court (hereafter in this subjection 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 made 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 Cl. (b) or Cl. (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).
SECTION 12: POWER OF DESIGNATED COURTS WITH RESPECT TO OTHER OFFENCES.
(1) When trying any offence, a Designated Court may also try any other offence with which the accused may, under the Code be charged at the same trial if the offence is connected with such other offence.
(2) If, in the course of any trial under this Act, of any offence, it is found that the accused person has committed any other offence under this Act or any rule made thereunder or under any other law, the Designated Court may convict such person of such other offence and pass any sentence authorised by this Act or such rule or, as the case may be, such other law, for the punishment thereof.
SECTION 13: PUBLIC PROSECUTOR
(1) For every Designated Court, the Central Government or, as the case may be the State
Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors : Provided that the Central Government or, as the case may be, the State Government may also appoint for any case or class or group of cases a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this Section unless he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under 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 Cl. (g) of Sec. 2-of the Code, and the provisions of the Code shall have effect accordingly.
SECTION 14: 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) ofSec. 260-orSec. 262-of the Code try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of Secs. 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 for imprisonment for a term not exceeding two years.
(3) Subject to the other provisions of this Act, a Designated Court shall, for the purpose of trial of any offence, have all the powers of a Court of Sessions and shall try such offence as if it were a Court of Sessions so as may be in accordance with the procedure prescribed in the Code for the trial before the Court of Sessions.
(4) Subject to the other provision of this Act every case transferred to a Designated Court under sub-section (2) ofSec. 11-shall be dealt with as if such case had been transferred under Sec. 406-of the Code to such Designated Court.
(5) Notwithstanding anything contained in the Code, a Designated Court may, if it thinks fit and for reasons to be recorded by it, proceed with the trial in the absence of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross- examination.
SECTION 15: CERTAIN CONFESSIONS MADE TO POLICE OFFICERS TO BE TAKEN INTO CONSIDERATION.
(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872)-, but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer in writing or on any mechanical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, shall be admissible in the trial of such person4[or co-accused, abettor or conspirator] for an offence under this Act or rules made thereunder:5[Provided that co-accused, abettor or conspirator is charged and tried in the same case together with the accused.]
(2) The police officer shall, before recording any confession under sub- section (1), explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him and such police officer shall not record any such confession unless upon questioning the person making it, he has reason to believe that it is being made voluntarily.
SECTION 16: PROTECTION OF WITNESSES
-6[(1) Notwithstanding anything contained in the Code, the proceedings under this Act may be held in camera if the Designated Court so desires.]
(2) A Designated Court may, on an application made by a witness in any proceedings before it or by the Public Prosecutor in relation to such witness or on its own notice, take such measures as it deems fit for keeping the identity and address of any witness secret.
(3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures which a Designated Court may take under that sub-section may include,-
(a) the holding of the proceedings at a place to be decided by the Designated Court;
(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 direction for securing that the identity and addresses of the witnesses are not disclosed;
(d) that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner.
(4) Any person who contravenes any direction issued under sub-section (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.
SECTION 17: TRIAL BY DESIGNATED COURTS TO HAVE PRECEDENCE
The trial under this Act of any offence by a Designated Court shall have precedence over the trial of any other case against the accused in any other Court [not being Designated Court] and shall be concluded in preference to the trial of such other case and accordingly the trail of such other case shall remain in abeyance.
SECTION 18: POWER TO TRANSFER CASES TO REGULAR COURTS
Where, after taking cognizance of any offence, a Designated Court is of opinion that the offence is not triable by it, shall, notwithstanding that it had no jurisdiction to try such offence, transfer the case for the trial of such offence to any Court having jurisdiction under the Code and the Court to which the case is transferred may proceed the trial of the offence as if it had taken cognizance of the offence.
SECTION 19: 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 including an interlocutory order of a Designated Court.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of 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
SECTION 20: MODIFIED APPLICATION OF CERTAIN PROVISION 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 a cognizable offence within the meaning of Cl. (c) ofSec. 2-of the Code, and "cognizable case" as defined in that clause shall be construed accordingly.
(2)Section 21-of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder subject to the modification that the reference to "the State Government" therein shall be construed as a reference to "the Central Government or the State Government."
(3)Section 164-of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder, subject to the modification that the reference in sub-section
(1) thereof to "Metropolitan Magistrate or Judicial Magistrate" shall be construed as a reference to "Metropolitan Magistrate", ''Judicial Magistrate, Executive Magistrate or Special Executive Magistrate".
(4)Section 167-of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder subject to the modifications that-
(a) the reference in sub-section (1) thereof to "Judicial Magistrate" shall be construed as reference to "Judicial Magistrate or Executive Magistrate or Special Executive Magistrate";
(b) the references in sub-section (2) thereof the "fifteen days", "ninety days" and "sixty days" wherever they occur, shall be construed as references to "sixty days",7[one hundred and eighty days] one year" and7[one hundred and eighty days] respectively; and
[(bb) in sub-section (2), after the proviso, the following proviso shall be inserted, namely:
"Provided further that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Designated Court shall extend the said period up to one year, on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days; and (c) sub -section (2-A) thereof shall be deemed to have been omitted.
(5)Section 268-of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder subject to the modification that-
(a) the reference in sub-section (1) thereof-
(i) to "the State Government" shall be construed as a reference to "the Central Government or the State Government";
(ii) to "order of the State Government" shall be construed as a reference to "order of the Central Government or the State Government, as the case may be"; and
(b) the reference in sub-section (2) thereof, to "State Government" shall be construed as a reference to "Central Government or the State Government, as the case may be."
(6)Sections 366-to371-and392-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 Sessions" and "High Court" wherever occurring therein, shall be construed as references to "Designated Court" and "Supreme Court", respectively.
(7) Nothing in Sec. 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 his Act or any rule made thereunder
(8) Notwithstanding anything contained in the Code no person accused of an offence punishable under this Act or any rule made thereunder shall, if in custody, be released on bail or on his own bond unless-
(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.
(9) The limitations on granting of bail specified in sub-section (8) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail.
SECTION 20A: COGNIZANCE OF OFFENCE
(1) Notwithstanding anything contained in the Code, no information about the commission of an offence under this Act shall be recorded by the police without the prior approval of the District Superintendent of the Police.
(2) No court shall take cognizance of any offence under this Act without the previous sanction of the Inspector-General of Police, or as the case may be, the Commissioner of Police.]
SECTION 21: PRESUMPTION AS TO OFFENCES UNDER SEC. 3
In a prosecution for an offence under subjection (1) ofSec. 3-if it is proved-
(a) that the anus or explosives or any other substances specified inSec. 3-were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature, were used in the commission of such offence; or
(b) that by the evidence of an expert the finger-prints of the accused were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence; or
8[(c) * * *]
8[(d) * * *]
the Designated Court shall presume, unless the contrary is proved, that the accused had committed such offence.
(2) In a prosecution for an offence under sub-section (3) ofSec. 3-, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspected of, an offence under that section, the Designated Court shall presume, unless the contrary is proved, that such person has committed the offence under that sub-section.
SECTION 22: IDENTIFICATION OF ACCUSED.
Where a person has been declared a proclaimed offender in a terrorist case, the evidence regarding his identification by witnesses on the basis of his photograph shall have the same value as the evidence of a test-identification parade.
SECTION 23: SAVING
(1) Nothing in this Act, shall affect the jurisdiction exercisable by, of 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 referred to in sub-section (1), a Designated Court shall be deemed to be a Court of ordinary criminal justice.
SECTION 24: SAVING AS TO ORDER.
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 25: OVERRIDING EFFECT.
The provisions of this Act or any rule made thereunder or any order made under any such rule shall 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 Art.
SECTION 26: PROTECTION OF ACTION TAKEN UNDER THIS 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 on whom powers have been conferred under this Act or any rules made thereunder, for anything which is in good faith done or purported to be done in pursuance of this Act or any rules made thereunder or any order issued under any such rule.
SECTION 27: POWER OF THE SUPREME COURT TO MAKE RULES.
The Supreme Court may, by notification in the Official Gazette, make such rules, if any, as it may deem necessary for carrying out the provisions of this Act relating to Designated Courts.
SECTION 28: POWER TO MAKE RULES
(1) Without prejudice to the powers of the Supreme Court to make rules under Sec. 27-the Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely
(a) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient and the removal of such persons from such areas;
(b) the entry into, and search of,-
(i) any vehicle, vessel or aircraft; of
(ii) any place, whatsoever, reasonably suspected of being used for committing the offences referred to in Sec. 3-orSec. 4-or for manufacturing or storing anything for the commission of any such offence;
(c) conferring powers upon,-
(i) the Central Government;
(ii) a State Government;
(iii) an Administrator of a Union territory under Art. 239 of the Constitution;
(iv) an officer of the Central Government not lower in rank than that of a Joint Secretary; or
(v) an officer of a State Government not lower in rank than that of a District Magistrate to make general or special orders of prevent or cope with terrorist act or disruptive activities;
(d) the arrest and trial of persons contravening any of the rules or any order made thereunder;
(e) the punishment of any person who contravenes or attempts to contravene, or abets or attempts to abet the contravention of any rule or order made thereunder with imprisonment for a term which may extend to seven years or for a term which may not be less than six months but which may extend to seven years or with fine or with imprisonment as aforesaid and fine;
(f) providing for the seizure and detention of any property in respect of which such contravention, attempt or abatement as referred to in Cl. (e) has been committed and for the adjudication of such seizure and detention, whether by any Court or by any other authority.
SECTION 29: RULES TO BE LAID BEFORE HOUSES OF PARLIAMENT
Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have 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 30: REPEAL AND SAVING.
(1) The Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (2 of 1987), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) RULES, 1987
G.S.R. 843 (E), dated the 7th October, 1987
1-In exercise of the powers conferred bySection 28of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987), 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, 1987.
(2) They shall come into force on the date2of their publication in the official Gazette.
RULE 02: DEFINITIONS
-In these rules, unless the context otherwise requires,-
(a) "Act" means the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987);
(b) "empowered authority" means any authority being the Central Government or a State
Government or the Administrator of a Union territory under Art. 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) "prohibited place" means a prohibited place as defined in Cl. (8) of Sec. 2 of the Official Secrets Act, 1923 (19 of 1923);
(d) "protected area" means any area so declared under rule 7;
(e) "protected place" means,-
(i) any Court room or building where trials or other proceedings in connection with the cases under the Act are held;
(ii) any jail, building or other place where the accused and under trials connected with the cases under this Act are kept;
(iii) any other place so declared by the empowered authority under rule 6;
(f) "public servant" includes any public servant as defined in Sec. 21 of the Indian Penal Code (45 of 1860).
RULE 03: INTERPRETATION
-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.
RULE 04: NON COMPLIANCE WITH THESE RULES ORDERS MADE THEREUNDER
-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, 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 orders and in these rules the expression "contravention" with its grammatical variations includes any failure, evasion or attempt to evade.
RULE 05: PROHIBITED PLACES
(1) No person shall, without the permission of an empowered authority, 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 by an empowered authority 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 an empowered authority.
(3) Any police officer or any other person authorised in this behalf by an empowered authority 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 such 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 empowered authority.
(5) If any person is in a prohibited place in contravention of any of the provision of this rule, he shall be punishable with imprisonment for a term which shall not be less than six months but may extend to seven years or a fine, or with both.
RULE 06: PROTECTED PLACES
(1) If as respects any place or class of places, the empowered authority considers it necessary or expedient for the prevention of and for coping with terrorist and disruptive activity that special precautions should be taken to prevent the entry of unauthorised 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, as the case may be, that authority 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.
(2) Upon such declaration, any authority or officer in-charge of such protected place shall regulate entry of any person into such protected place by granting necessary permits to such persons and subject to such conditions as he may deem fit to impose.
(3) No person, not being a public servant or a judge or officer of the Court or an accused, as the case may be, shall be in a protected place, except in accordance with the terms of a permit in writing granted to him under sub-rule (2).
(4) 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.
(5) 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 on or in, or leaving a protected place, and any vehicle or article brought in by such person, and may, for the purpose of such search, detain such person, vehicle or article: Provided that no female shall be searched in pursuance of this sub-rule except by a female.
(6) 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 therefrom 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.
(7) 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 seven years or a fine or both.
RULE 07: PROTECTED AREAS
(1) If an empowered authority considers 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 areas to be a 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 date, 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, an empowered authority 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 such 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 persons is in, or passes over, a protected area, in contravention of the provisions of this rule, then, without prejudice to any other proceedings which may be taken against him, he may be removed from such place 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 08: FORCING OR EVADING A GUARD
-Any person, whether alone or as 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 09: ORDERS FOR CERTAIN PLACES AND AREAS
(1) Without prejudice to the provisions of any other rule, the empowered authority 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 provide-
(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 as may be specified in the said order in such place or area and for requiring any person who has been convicted of any such offence as mentioned in Cl. (a) of this sub -rule to report his movements while in such place or area and to observe any other condition imposed upon his 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 article specified in the said order.
(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 seven years or with fine or both.
RULE 10: LOITERING NEAR CERTAIN PREMISES
(1) No persons loitering in the vicinity of any protected place or a prohibited place or any other place as is referred to in sub-clause (1) of rule 9-, shall continue to loiter in that vicinity after being ordered to leave it by any police officer or 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), shall be punishable with imprisonment for a term which shall not be less than six months but may extend to three years or with fine, or with both.
RULE 11: 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 sub-sections (1) and (2) ofSec. 7-of the Act or any of these rules, or otherwise discharging any lawful functions in connection with the operations to prevent and cope with terrorist act and disruptive activities, or
(c) any person who is carrying out the orders of any such authority, officer or person as aforesaid 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 shall not be less than six months but may extend up to seven years or with fine, or with both.
RULE 12: ATTEMPTS, ETC. TO CONTRAVENE THE RULES
-Any person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, the 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 13: BURDEN OF PROOF IN CERTAIN CASES
-Where any person is prosecuted for contravening any of the provisions of these rules or order made thereunder which prohibits him from doing an act or being on or in, or in the vicinity of any place specified in any of these rules or order made thereunder without lawful authority or excuse or without permission, the burden of proving that he had such authority or excuse or, as the case may be, the requisite permission, shall be on him.
RULE 14: POWER TO ISSUE SEARCH WARRANTS
(1) If a District Magistrate, or any officer competent to exercise under any law the powers of a District Magistrate has reason to believe that any place whatsoever is reasonably suspected of being used, or is about to be used for committing the offences referred to in Sec. 3-orSec. 4-of the Act for manufacturing or storing anything for the commission of any of the offences referred to in the said Sec. 3-orSec. 4-he may by warrant, authorise any police officer above the rank of a constable-
(a) to enter and search and 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 is 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 Sec. 94-of the said 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, subject to the provisions ofSec. 8-of the Act be disposed of in such manner as the State Government may direct.
(4) In this rule, "place" includes a house, building, tent, vehicle, vessel and aircraft.
RULE 15: RECORDING OF CONFESSION MADE TO POLICE OFFICER
A confession made by a person before a police officer and recorded by such police officer under Sec. 15-of the Act shall invariably be recorded in the language in which such confession is made and if that is not practicable, in the language used by such police officer for official purposes or in the language of the Designated Court and it shall form part of the record.
(2) The confession so recorded shall be shown, read or played back to the person concerned and if he does not understand the language in which it is recorded, it shall be interpreted to him in a language which he understands and he shall be at liberty to explain or add to his confession.
(3) The confession shall, if it is in writing, be-
(a) signed by the person who makes the confession; and
(b) by the police officer who shall also certify under his own hand that such confession was taken in his presence and recorded by him and that the record contains a full and true account of the confession made by the person and such police officer shall make a memorandum at the end of the confession to the following effect: "I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing and recorded by me and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. Sd/- Police Officer."
(4) Where the confession is recorded on any mechanical device, the memorandum referred to in sub-rule (3) in so far as it is applicable and a declaration made by the person making the confession that the said confession recorded on the mechanical device has been correctly recorded in his presence shall also be recorded in the mechanical device at the end of the confession.
(5) Every confession recorded under the said Sec. 15-shall be sent forthwith to the Chief
Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the area in which such confession has been recorded and such Magistrate shall forward the recorded confession so received to the Designated Court which may take cognizance of the offence.
RULE 16: APPLICATION OF SEC. 22 OF THE ACT
-For the purposes of the application of Sec. 22-of the Act, declaring a person as a proclaimed offender in a terrorist case, the procedure, specified in Cl. (a) of sub-section (3) ofSec. 8-of the Act shall be followed.
RULE 17: 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 and 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. |
