S.1 Short title, extent and commencement

       (1) This Act may be called the Terrorist Affected Areas (Special Courts) Act, 1984.
       (2) It extends to the whole of India except the State of Jammu and Kashmir.
       (3) It shall be deemed to have come into force on the 14th day of July, 1984.

S.2 Definitions

       (1) In this Act, unless the context otherwise requires,—"
       (a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
       (b) “High Court”, in relation to a Special Court, means the High Court within the territorial limits of whose jurisdiction such Special Court is proposed to be, or is, established;
       (c) “judicial zone” means a judicial zone constituted under sub-section (1) of section 3;
       (d) “notification” means a notification published in the official Gazette;
       (e) “Public Prosecutor” means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under section 9 and includes any person acting under the directions of the Public Prosecutor;
 

S.3 Declaration of terrorist affected area

       (1) If the Central Government is of the opinion that offences of the nature specified in the schedule are being committed in any area by terrorists on such a scale and in such a manner that it is expedient for the purpose of copying with the activities of such terrorists to have recourse to the provisions of this Act, it may, by notification,—"
       (a) declare such area to be a terrorist affected area; and
       (b) constitute such area into a single judicial zone or into as many judicial zones as it may deem fit.
       (2) A notification issued under sub-section (1) in respect of an area shall specify the period during which the area shall, for the purposes of this Act, be a terrorist affected area, and where the Central Government is of the opinion that terrorists had been committing in that area, fro

S.4 Establishment of Special Courts

       (1) For the purpose of providing for speedy trial of scheduled offences committed in a judicial zone, the Central Government may establish, by notification, a Special Court in relation to such judicial zone—"
       (a) within such judicial zone; or
       (b) if the Central Government having regard to the exigencies of the situation prevailing in such judicial zone considers it expedient so to do, at any place outside such judicial zone but within the State in which such judicial zone is situated.
       (2) Notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of the situation prevailing in a State, the State Government is of the opinion that it is expedient to establish in relation to a judicial zone, or in relation to two or more judicial zones, in the State, an Addit

S.5 Composition and appointment of Judges of Special Courts

       (1) A Special Court shall be presided over by a Judge to be appointed by the Central Government with the concurrence of the Chief Justice of the High Court."
       (2) The Central Government may also appoint, with the concurrence of the Chief Justice of the High Court, Additional Judges to exercise jurisdiction in a Special Court.
       (3) A person shall not be qualified for appointment as a Judge or an Additional Judge of a Special Court unless he, is immediately before such appointment a Sessions Judge or an Additional Sessions Judge in any State.
       (4) 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 Special Court, of age of superannuation under the rules applicable to him in the service to which he belongs, shall not affe

S.6 Place of sitting

       A Special Court may, if it considers it expedient or desirable so to do, sit for any or its proceedings at any place, other than the ordinary place of its sitting, in the State in which it is established\:"
       Provided that if the Public Prosecutor certifies to the Special 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 Special Court may, after hearing the accused, make an order to that effect unless, for reasons to be recorded in writing, the Special Court thinks fit to make any other order.

S.7 Jurisdiction of Special Court

       (1) Notwithstanding anything contained in the Code or in any other law, a scheduled offence committed in a judicial zone in a State at any time during the period during which such judicial zone is, or is part of, a terrorist-affected area shall be triable, whether during or after the expiry of such period, only by the Special Court established for such judicial zone in the State\:"
       Provided that where the period specified under sub-section (2) of section 3 as the period during which an area declared by notification under sub-section (1) of that section to be a terrorist affected area commences from a date earlier than the date on which such notification is issued, then—
       (a) nothing in the foregoing provisions of this sub-section shall apply to a scheduled offence committed in such area in which the whole of the evidence for the prosec

S.8 Powers of Special Courts with respect to other offences

       (1) When trying any scheduled offence, a Special Court may also try any offence other than the scheduled offence with which the accused may, under the Code, be charged at the same trial if the offence is connected with the scheduled offence."
       (2) If, in the course of any trial under this Act, it is found that the accused person has committed any offence, the Special Court may, whether such offence is or is not a scheduled offence, convict such person of such offence and pass any sentence authorised by law for the punishment thereof.

S.9 Public Prosecutors

       (1) For every Special Court, the Central Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Public Prosecutor or Additional Public Prosecutors\:"
       Provided that the Central 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 seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law.
       (3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this

S.10 Procedure and powers of Special Courts

       (1) A Special Court may take cognizance of any scheduled 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 a scheduled offence is punishable with imprisonment for a term not exceeding three years or with fine or with both, a Special Court may, notwithstanding anything contained in sub-section (1) of section 260 or
       section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code, shall, so far as may be, apply to such trial:
       Provided that when, in the course of a summary trial under this sub-section, it appears to the Special Court that the nature of the case is such

S.11 Power of Supreme Court to transfer case

       Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one Special Court to another Special Court.

S.12 Protection of witnesses

       (1) Notwithstanding anything contained in the Code, all proceedings before a Special 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 Special 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 Special Court may take under that sub-section may include—
       (a) the holding of the proceedings at a protected place;
   &nb

S.13 Power to transfer cases to regular courts

       Where after taking cognizance of any offence, a Special Court is of opinion that the offence is not a scheduled offence, 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 has taken cognizance of the offence.

S.14 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 interlocutory order, of a Special 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 Special 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 of 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.

S.15 Modified application of certain provisions of the Code

       (1) Notwithstanding anything contained in the Code or any other law, every scheduled offence shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the Code and “cognizable case” as defined in that clause shall be construed accordingly."
       (2) Section 167 of the Code shall apply in relation to a case involving a scheduled offence 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 “thirty days”, “one year” and “one year”, respectively; and
    &n

S.15(a) Abolition of certain Special Courts

       1[Where the area comprising a judicial zone has ceased to be a terrorist affected area and no cases are pending before a Special Court or an Additional Special Court established in relation to such judicial zone the Central Government may, by notification in the Official Gazette, abolish such Special Court or Additional Special Court.]
        
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        1. Ins. by Act 45 of 1985, sec. 2 (w.e.f. 26-8-1985).
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S.16 Overriding effect of Act

       (1) The provisions of this Act shall have effect notwithstanding anything contained in the Code or any other law, but save as expressly provided in this Act, the provisions of the Code shall, insofar as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Special Court; and for the purpose of the said provisions of the Code, the Special Court shall be deemed to be a Court of Session."
       (2) In particular and without prejudice to the generality of the provisions contained in sub-section (1), the provisions of sections 326 and 475 of the Code shall, as far as may be, apply to the proceedings before a Special Court, and for this purpose any reference in those provisions to a Magistrate shall be construed as a reference to the Special Court.

S.17 Delegation

       The Central Government may, by notification, delegate, subject to such conditions as may be specified, all or any of the powers exercisable by it under this Act [except the power under sub-section (2) of section 4 and the power under sub-section (2) of section 7] of the State Government.

S.18 Power to make rules

       The Supreme Court may, by notification, make such rules, if any, as it may deem necessary for carrying out the purposes of this Act."

S.19 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 any 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 Special Court shall be deemed to be a Court of ordinary criminal justice.

S.20 Amendment of Act 1 of 1872

       (1) In the Indian Evidence Act, 1872, after section 111, the following section shall be inserted, namely\:—"
       “111A. Presumption as to certain offences.—(1) Where a person is accused of having committed any offence specified in sub-section (2), in—
       (a) any area 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; or
       (b) any area in which there has been, over a period of more than one month, extensive disturbance of the public places;
        and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any a

S.21 Repeal and saving

       (1) The Terrorist Affected Areas (Special Courts) Ordinance, 1984 (9 of 1984), 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.

Sch .

       1[The Schedule
        [See section 2(f)]
       1. Offences under the following provisions of the Indian Penal Code (45 of 1860):—
        sections 121, 121A, 122 and 123.
       2. Offences under the following provisions of the Anti-Hijacking Act, 1982 (65 of 1982):—
        sections 4 and 5.
       Note 1.—The offence of criminal conspiracy or attempt to commit, or abetment of, an offence specified in this Schedule shall be deemed to be a scheduled offence.
       Note 2.—The commission of an offence specified in this Schedule by any member of an unlawful assembly shall be deemed to