TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987
(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) Sections 5, 15, 21 and 22 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 of1[eight years] from the 24th day of May, 1987, but its expiry under the operation of this sub-section shall n
(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 disruptionists;
(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);<
(1) Whoever with intent to overawe theGovernment as by law established or to strike terror in the people or anysection of the people or to alienate any section of the people or to adverselyaffect the harmony amongst different sections of the people does any act orthing by using bombs, dynamite or other explosive substances or inflammablesubstances or fire-arms or other lethal weapons or poisons or noxious gases orother chemicals or by any other substances (whether biological or otherwise) ofa 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, ordestruction of, property or disruption of any supplies of services essential tothe life of the community, or detains any person and threatens to kill orinjure such person in order to compel the Government or any other person to door abstain from doing any act, commits a terrorist act.
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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 purposes of sub-section (1), "disruptive activity" means any action taken, whether by act or by speech or through any other media or in any other manner whatsoever,-
(i) which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India; or
(ii) which is intended to bring about or supports any claim, whether directly or indirectly, for the cession of any
Where any person is in possession of any arms and ammunition specified in columns 2 and 3 of Category 1 or Category III (a) of Schedule 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.
(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 1908) the Inflammable Substances Act, 1952 (20 of 1952), he shall, notwithstanding anything contained in any of the aforesaid Acts 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 purposes 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 sub-section (1) shall, in relation to such person, have effect s
(1) Notwithstanding anything contained in the Code or in 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 section 3 or section 4; or
(b) for any case or class or group of cases under section 3 or section 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 ass
1 [7A. Powers of InvestigatingOfficers
If anofficer investigating an offence committed under this Act has reason to believethat any property in relation to which an investigation is being conducted is aproperty derived or obtained from the commission of any terrorist act andincludes proceeds of terrorism, he shall, with the approval of Superintendentof Police, make an order seizing such property and where it is not practicableto seize such property, he may make an order of attachment directing that suchproperty shall not be transferred or otherwise dealt with except with the priorpermission of the officer making such order, or of the Designated Court and acopy of such order shall be served on the person is concerned:
Providedthat the Investigating Officer duly inform the Designated Court withinforty-eight hours of the attachment of such
(1) Where a person has been convicted of any offence punishable under this Act or any rule made thereunder, 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 in 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 forfeited to the Government free from all encumbrances.
(3)(a) If upon a report in writing made by a police office o
(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 such area or areas or for the such 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 th
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.
(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 section 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 conducive 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
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(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.
(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 the Union or a State, requiring special knowledge of law.
(3) Every pe
(1) A Designated Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts.
(2) Where an offence triable by a Designated Court is punishable with imprisonment for a term not exceeding three years or with fine or with both, the Designated Court may, notwithstanding anything contained in sub-section (1) of section 260 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 Designated Court that the nature of the case is such that it is undesirable to
(1)Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of1872), but subject to the provisions of this section, a confession made by aperson before a police office not lower in rank than a Superintendent of Policeand recorded by such police officer in writing or on any mechanical device likecassettes, tapes or sound tracks from out of which sounds or images can bereproduced, shall be admissible in the trial of such person 1 [orco-accused, abettor or conspirator] for an offence under this Act or rules madethereunder:
1 [Provided that co-accused, abettor orconspirator is charged and tried in the same case together with the accused.]
(2) Thepolice 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 andthat, if he does so, it may
1[(1) Notwithstanding anything contained in the Code, the proceedings under this Act may be heldin cameraif 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 motion, 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 or
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 trial of such other case shall remain in abeyance.
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 has 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 with the trial of the offence as if it had taken cognizance of the offence.
(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 Designated Court.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.
(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) of section 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
1 [20A. Cognizance ofoffence
(1)Notwithstanding anything contained in the Code, no information about thecommission of an offence under this Act shall be recorded by the police withoutthe prior approval of the District Superintendent of Police.
(2) Nocourt shall take cognizance of any offence under this Act without the previoussanction of the Inspector-General of Police, or as the case may be, theCommissioner of Police.]
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1. Inserted by Act 43 of 1993, section 9.
In a prosecution for an offence under sub-section (1) of section 3 if it is proved-
(a) that the arms or explosives or any other substances specified in section 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
1[(c) * * * * * *]
1[(d) * * * * * *]
the Designated Court shall presume, unless the contrary is proved, that the accused had committed such
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.
(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 is referred to in sub-section (1), a Designated Court shall be deemed to be a Court of ordinary criminal justice.
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.
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 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.
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.
(1) Without prejudice to the powers of the Supreme Court to make rules under section 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; or
(ii) any place, whatsoever,
reasonably suspected of being use
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.
(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.
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