S.1 Short title and extent

       (1) This Act may be called the Uttar Pradesh Control of Goondas Act, 1970.
       (2) It extends to the whole of Uttar Pradesh.

S.2 Definitions

       In this Act, unless the context otherwise requires,--
       (a) "District Magistrate" includes an Additional District Magistrate specially empowered by the State Government in that behalf;
       1[(b) "Goonda" means a person who--
       (i) either by himself or as a member or leader of a gang, habitually commits or attempts to commit, or abets the commission of an offence punishable under Section 153 or Section 153-B or Section 294 of the Indian Penal Code or Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of the said Code; or
       (ii) has been convicted for an offence punishable under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or
       (iii) has been convicted not less than thrice for an offence punishab

S.3 Externment, etc. of Goondas

       (1) Where it appears to the District Magistrate--
       (a) that any person is a goonda; and
       (b) (i) that his movements or acts in the district or any part thereof are causing, or are calculated to cause alarm, danger or harm to persons or property; or
       1[(ii)that there are reasonable grounds for believing that he is engaged or about to engage, in the district or any part thereof, in the commission of an offence referred to in sub-clauses (i) to (iii) of clause (b) of Section 2, or in the abetment of any such offence; and]
       (c) that witnesses not willing to come forward to give evidence against him by reason of apprehension on their part as regards the safety of their person or property, the Distirct Magistrate shall by notice in writing inform him of the g

S.4 Permission to return temporarily

The District Magistrate may, by an order permit any person in respect of whom an order has been made under clause (a) of sub-section (3) of Section 3 to enter or return, for a temporary period, into or to the area from which he was directed to remove himself, subject to such conditions as the District Magistrate may specify and may at any time rescind any such permission.

S.5 Extension of period of order

The District Magistrate may, after giving, except where for reasons to be recorded in writing he is satisfied that it is impracticable so to do, to the person concerned an opportunity of making a representation in that behalf, extend from time to time in the interest of the general public the period specified in the order made under Section 3, but the period so extended shall in no case exceed two years in the aggregate.

S.6 Appeal

       (1) Any person aggrieved by an order made under Section 3, Section 4 or Section 5 may appeal to the Commissioner within fifteen days from the date of such order.
       (2) The appellant or his counsel shall not be entitled to inspect or to be informed of any record which was not disclosed to him at the inquiry, if any, held under Section 3.
       (3) The Commissioner may either confirm the order, with or without modification, or set it aside, and may, pending disposal of the appeal, stay the operation of the order subject to such terms, if any, as he thinks fit.

S.7 Recognizance for certain purposes

       (1) The District Magistrate or the Commissioner may for the purpose of--
       (a) securing the attendance of any person against whom an order is proposed to be made under Section 3, or has been made but its operation has been stayed under Section 6; or
       (b) securing the due observance of any direction, requirement, prohibition, restriction or condition specified in an order made in respect of any person under Section 3, Section 4, Section 5 or Section 6,-- require such person to enter into a bond, with or without sureties, and the provisions of 1[the Code of Ciriminal Procedure, 1973,] shallmutatis mutandisapply in relation to such bond as they apply in relation to bonds executed or required to be executed under the said Code.
       (2) In particular and without prejudice to the generality of the foregoin

S.8 Nature of evidence

The District Magistrate or the Commissioner may for the purpose of satisfying himself as to whether the conditions necessary for the making or confirmation of an order under Section 3 or Section 5 exist or not, take into consideration any evidence which he considers to have probative value, and the provisions of the Indian Evidence Act, 1872, shall not apply.

S.9 Rescission of order

The District Magistrate or the Commissioner may at any time rescind an order made under Section 3, whether or not such order was confirmed on appeal under Section 6.

S.10 Punishment for contravention of orders under Sections 3 to 6

Whoever contravenes any order made under Section 3, Section 4, Section 5 or Section 6 shall be punishable with rigorous imprisonment for a term which may extend to three years but shall not be less than six months, and shall also be liable to fine.

Legal Commentary on Section 10 of the Uttar Pradesh Control of Goondas Act, 1970

Introduction

The Uttar Pradesh Control of Goondas Act, 1970, was enacted to curb the activities of habitual criminals (goondas) and to ensure public order. Section 10 specifically addresses the consequences of contravening orders issued under the preceding sections of the Act.

What does Section 10 Say

Section 10 stipulates that any individual who contravenes orders made under Sections 3, 4, 5, or 6 of the Act shall be punishable with rigorous imprisonment for a term that may extend to three years.

Essential Ingredients

• Contravention of Orders: The core element is the violation of orders issued under the specified sections.
• Punishable Offense: The act of contravention is classified as a criminal offense under this section.

Scope of Section

• The section applies to individuals who have been specifically ordered to refrain from certain activities or areas as per the directives of the authorities.
• It serves as a preventive measure to maintain public order and safety by deterring habitual offenders.

Punishment for Section

• The punishment for contravening the orders is rigorous imprisonment, which can last up to three years.
• Additionally, there may be fines imposed, as seen in judicial interpretations of the section.

Legal Comments

• Contravention - Section 10 penalizes individuals for violating orders under Sections 3 to 6, emphasizing the importance of compliance with administrative directives. -
• Rigorous Imprisonment - The punishment can extend to three years of rigorous imprisonment, reflecting the seriousness with which the law treats such contraventions. -
• Preventive Measure - The Act is designed to prevent habitual criminals from engaging in activities that threaten public safety, thus serving a protective function. -
• Judicial Interpretation - Courts have upheld convictions under Section 10, indicating a strict approach towards enforcement of the Act. - [ "Bhajan Singh @ Bhajnu VS State Of Uttarakhand"]
• Probation Consideration - In cases involving first-time offenders, courts may consider probation under the Probation of Offenders Act, allowing for rehabilitation rather than incarceration. - [ "Bhajan Singh @ Bhajnu VS State Of Uttarakhand"]
• Public Order - The Act aims to maintain public order by enabling authorities to take preemptive action against individuals deemed a threat to society. -
• Cognizance of Offense - No magistrate shall take cognizance of an offense under Section 10 without a written report, ensuring procedural safeguards are in place. -
• Misuse Concerns - There are concerns regarding the potential misuse of the Act, particularly in targeting dissenters or individuals without substantial evidence of wrongdoing. -
• Conditions of Release - Courts may impose conditions on probationers to ensure compliance and good behavior, reflecting a rehabilitative approach. - [ "Bhajan Singh @ Bhajnu VS State Of Uttarakhand"]
• Administrative Discretion - The Act grants significant discretion to district authorities in determining who qualifies as a goonda, which can lead to arbitrary enforcement. -
• Legal Safeguards - The requirement for a written report before cognizance is a safeguard against arbitrary action by authorities. -
• Impact on Rights - The Act has been critiqued for potentially infringing on individual rights, particularly in its broad definitions and enforcement mechanisms. -
• Judicial Oversight - Courts play a crucial role in reviewing the application of the Act to ensure that it is not misused against innocent individuals. -
• Rehabilitation Focus - The application of probation provisions indicates a shift towards rehabilitation rather than mere punishment for first-time offenders. - [ "Bhajan Singh @ Bhajnu VS State Of Uttarakhand"]
• Public Perception - The Act's implementation can influence public perception of safety and law enforcement efficacy in Uttar Pradesh. -
• Legislative Intent - The legislative intent behind the Act is to deter crime through stringent measures, but it must balance this with the protection of civil liberties. -
• Enforcement Challenges - Effective enforcement of the Act requires careful consideration of the socio-political context to avoid backlash against perceived overreach. -
• Future Amendments - Ongoing discussions about the Act may lead to amendments aimed at addressing concerns of misuse and ensuring fair application. -

S.11 Forcible removal of externed Goonda re-entering, etc., in contravention of order

       (1) Where, after an order is made against a person under Section 3, Section 4, Section 5 or Section 6 such person--
       (a) has failed to remove himself from the district or part as directed by the order; or
       (b) has re-entered the area, from which he was ordered to remove himself during the period of operation of that order, the District Magistrate may cause him to be arrested and removed in police custody to such place outside the area specified in the said order as he may direct.
       (2) Any police officer may arrest without warrant any person reasonably suspected of an act or omission specified in sub-section (1), and shall forthwith forward the person so arrested to the nearest Magistrate who shall cause him to be forwarded to the District Magistrate, who may thereupon cause the person to be remov

S.12 Cognizance of offence

       No Magistrate shall take cognizance of an offence punishable under Section 10, except--
       (a) upon a report in writing of the facts constituting such offence made by a police officer; or
       (b) upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed.

S.13 Savings as to orders

No order, made in exercise of any power conferred by or under this Act shall be called in question in any court.

S.14 Protection of action taken under the Act

       (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any order made thereunder.
       (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or of any order made thereunder.

S.15 Power to make rules

       (1) The State Government may by notification in the Gazette make rules for carrying out the purposes of this Act.
       (2) All rules made under this Act shall, as soon as may after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may during the said period agree to make; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

S.16 Repeal of U. P. Ordinance No. 15 of 1970

The U. P. Control of Goondas Ordinance, 1970, is hereby repealed.