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CHHATTISGARH RAJYA SURAKSHA ADHINIYAM,1990
(1) This Act may be called the Chhattisgarh Rajya Suraksha Adhiniyam, 1990.
(2) It extends to the whole of Chhattisgarh.
In this Chapter "restriction order" means an order made under Section 3.
(1) If a District Magistrate is satisfies with respect to any persons that he is acting or is likely to act in a manner prejudicial to the security of the State or the maintenance of public order and that, in order to prevent him from so acting it is necessary in the interest of the general public to make an order under this Section, the District Magistrate, may make an order,-
(a) requiring him to notify movements or to report himself or both to notify his movements and report himself in such manner at such times and to such authority or persons as may be specified in the order.
(b) imposing upon him such restrictions as may be specified in the order, in respect of his association or communications with such persons as may be mentioned in the order.
(c) prohibiting or restricting the posse
The Chhattisgarh Rajya Suraksha Adhiniyam, 1990, is a legislative framework aimed at ensuring the security of the state and maintaining public order. Section 3 of this Act empowers the District Magistrate to impose restrictions on individuals deemed a threat to public safety.
Section 3 grants the District Magistrate the authority to issue orders restricting the movements of individuals if there is a reasonable belief that such individuals may pose a threat to public order or safety. The orders can include requirements for individuals to notify their movements or report to authorities.
The scope of Section 3 is broad, allowing for various forms of restrictions based on the perceived threat level posed by an individual. It is applicable in situations where public safety is at risk, thereby enabling preemptive action by the authorities.
While Section 3 itself does not prescribe specific punishments, contravention of the orders issued under this section may lead to penalties as outlined in subsequent sections of the Act, particularly Section 14, which deals with penalties for contravention of directions.
Whenever it appears to the District Magistrate that the movement or encampment of any gang or body of persons in the district is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body, or by members thereof the District Magistrate, may by an order addressed to the persons appearing to be the leaders or chief men of such gang or body and published by beat of rumor otherwise, as the District Magistrate thinks fit, direct the members of such gang or body,-
(a) to conduct themselves in such manner as may be necessary in order to prevent violence and alarm; or
(b) to disperse and each of them to remove himself outside the district or any part thereof or such area, and any district or districts, or any part thereof contiguous thereto within such time as the Distric
Whenever it appears to the District Magistrate-c-
(a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property; or
(b) that there are reasonably grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII or under Section 506 or 509 of the Indian Penal Code, 1860 (45 of1860) or in the abatement of any such offence, and when in the opinion of the District Magistrate witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property; or
(c) that an outbreak of epidemic disease is likely to r
The Chhattisgarh Rajya Suraksha Adhiniyam, 1990, is a legislative framework aimed at ensuring public order and safety in the state of Chhattisgarh. Section 5 of this Act specifically addresses the removal of individuals who are believed to be on the verge of committing offenses that could disturb public peace.
Section 5 empowers the District Magistrate to order the removal of individuals whose actions are deemed to pose a threat to public safety. This includes individuals who are likely to commit offenses involving force or violence, or those whose presence is considered dangerous to the community.
The scope of Section 5 is broad, allowing for the removal of individuals from multiple districts if their presence is deemed harmful. The section is intended to preemptively address potential disturbances to public order.
While Section 5 itself does not prescribe specific punishments, the removal order can lead to significant restrictions on an individual's freedom of movement. Non-compliance with such orders may lead to further legal consequences under the Act.
If a person has been convicted-
(a) of an offence,-
(i) under chapter XII, XVI or XVII or under Section 506 or 509 of the Indian Penal Code, 1860 (45 of 1860); or
(ii) under the Protection of Civil Rights Act, 1955 (22 of 1955); or
(b) twice, of an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or
(c) thrice, of an offence within a period of three years under section 3 or 4 of the Public Gambling Act, 1867 (3 of 1867), in its application to the State of Chhattisgarh;
the District Magistrate may, if he has reason to believe that such person is likely again to engage himself in the commission of an offence simil
The Chhattisgarh Rajya Suraksha Adhiniyam, 1990, is a legislative framework aimed at ensuring the security of the state and maintaining public order. Section 6 specifically addresses the removal of individuals who have been convicted of certain offences, thereby providing a mechanism for the state to manage individuals deemed a threat to public safety.
Section 6 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990, empowers authorities to remove individuals who have been convicted of specific offences. This includes those convicted under various chapters of the Indian Penal Code and other relevant laws.
The scope of Section 6 is primarily focused on individuals who pose a risk to public order due to their past criminal conduct. It allows for preventive action against those who have shown a propensity for criminal behavior.
The punishment under Section 6 involves the removal of the convicted individual from a specified area, which can be seen as a preventive measure rather than a punitive one.
Keyword - "Conviction Basis" - Section 6 is predicated on the conviction of individuals for specific offences, emphasizing the need for a legal basis before removal can occur. -
Keyword - "Public Order" - The section aims to maintain public order by removing individuals who have previously committed serious offences. -
Keyword - "Preventive Measure" - The removal serves as a preventive measure rather than a punishment, focusing on future risks rather than past actions. -
Keyword - "Specified Offences" - The law lists specific offences under which individuals can be removed, ensuring clarity and legal precision. -
Keyword - "Authority Empowerment" - The section empowers District Magistrates to take action, thereby delegating authority for public safety measures. -
Keyword - "Legal Framework" - It operates within a broader legal framework aimed at ensuring state security and public order. -
Keyword - "Judicial Oversight" - There is a provision for judicial review of the orders passed under this section, ensuring checks and balances. -
Keyword - "Link to Detention" - There must be a live and proximate link between the grounds for removal and the purpose of maintaining public order. -
Keyword - "Rights of Individuals" - The section must be applied in a manner that respects the rights of individuals, including the right to appeal against removal orders. -
Keyword - "Legislative Intent" - The legislative intent behind Section 6 is to proactively manage individuals who have demonstrated a pattern of criminal behavior. -
Keyword - "Scope of Application" - The application of this section is limited to individuals convicted of serious offences, thus not applying to all convicted persons. -
Keyword - "Public Safety" - The overarching goal of Section 6 is to enhance public safety by removing individuals who may threaten it. -
Keyword - "Discretionary Power" - The District Magistrate has discretionary power in executing the provisions of this section, which can lead to varied interpretations. -
Keyword - "Legal Challenges" - Orders under Section 6 can be challenged in court, providing a legal recourse for affected individuals. -
Keyword - "Preventive Detention" - The section can be viewed as a form of preventive detention, aimed at averting potential future crimes. -
Keyword - "Public Perception" - The effectiveness and fairness of Section 6 can significantly influence public perception of law enforcement and state authority. -
Keyword - "Implementation Challenges" - There may be challenges in the implementation of Section 6, particularly regarding the criteria for determining risk to public order. -
Keyword - "Judicial Interpretation" - Courts have a role in interpreting the provisions of Section 6, which can shape its application in future cases. -
Keyword - "Constitutional Validity" - The constitutional validity of Section 6 may be questioned if it is applied arbitrarily or without sufficient justification. -
Keyword - "Community Impact" - The removal of individuals under this section can have broader implications for community relations and social cohesion. -
A direction made under Section 4, 5 or 6 not to enter any district or part thereof or such area and any district or districts or any part thereof, contiguous thereto, as the case may be, shall be for such period as may be specified therein and shall in no case exceed a period of one year from the date of which it was made.
The Chhattisgarh Rajya Suraksha Adhiniyam, 1990, is a legislative framework aimed at ensuring the security of the state and maintaining public order. Section 7 specifically addresses the duration of orders made under certain sections of the Act, providing clarity on the temporal scope of such orders.
Section 7 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990, stipulates the period of operation for orders issued under Sections 4, 5, or 6 of the Act. It outlines the timeframe within which these orders remain effective, ensuring that there is a defined limit to the enforcement of such measures.
The scope of Section 7 is primarily procedural, focusing on the validity period of orders made under the Act. It ensures that such orders are not indefinite and are subject to review or expiration after a specified time.
While Section 7 itself does not prescribe punishment, it is linked to the enforcement of orders under Sections 4, 5, and 6, which may carry penalties for contravention. The punishment for violating these orders can extend to imprisonment or fines as specified in the relevant sections.
,-(1) Before an order Section 3, 4, 5 or 6 is passed against any person, the District Magistrate shall inform the person in writing of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them.
(2) If such person makes an application for the examination of any witness produced by him, the District Magistrate shall grant such application and examine such witnesses unless for reason to be recorded in writing, the District Magistrate is of opinion that such application is made for the purpose of vexation or delay.
(3) Any written statement put in by such person shall be filed with the record of the case and such person shall be entitled to appear before the District Magistrate by any legal practitioner for the purpose of tendering his explanation and examini
The Chhattisgarh Rajya Suraksha Adhiniyam, 1990, is a legislative framework aimed at ensuring the security of the state and maintaining public order. Section 8 of this Act specifically addresses the procedural requirements that must be followed before any orders under Sections 3, 4, 5, or 6 can be enacted against an individual.
Section 8 mandates that before passing any order under the aforementioned sections, the District Magistrate must inform the individual in writing about the general nature of the allegations against them and provide an opportunity for them to present their case.
The scope of Section 8 is to ensure that individuals are not subjected to arbitrary actions by the state without being made aware of the charges against them and without being given a fair opportunity to contest those charges.
While Section 8 itself does not prescribe specific punishments, violations of the procedural requirements outlined in this section can lead to the quashing of orders made under the Act, as established in judicial precedents.
(1) Any person aggrieved by an order under section 3, 4, 5 or 6 made by the District Magistrate or any other officer specially empowered under Section 13 may appeal to the State Government with thirty days from the date of such order. Such appeal shall be decided as far as possible within a period off our months of the date of filing of the appeal.
(2) An appeal under this Section shall be preferred in the form of a memorandum setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by a certified copy thereof.
(3) On receipt of such appeal, the State Government may after giving a reasonable opportunity to the appellant to be hared either personally or by a legal practitioner and after such further inquiry, if any, as it may deem necessary confirm, vary or rescind the order appealed again
The Chhattisgarh Rajya Suraksha Adhiniyam, 1990, is a legislative framework aimed at ensuring public safety and order in the state of Chhattisgarh. Section 9 of this Act specifically addresses the rights of individuals aggrieved by certain orders issued under the Act, providing a mechanism for appeal.
Section 9 provides that any person aggrieved by an order made under Sections 3, 4, 5, or 6 of the Act by the District Magistrate or any other empowered officer has the right to appeal against such orders.
The scope of Section 9 is limited to the appeals against specific orders made by designated authorities under the Act. It does not extend to other forms of grievances or orders outside the specified sections.
While Section 9 itself does not prescribe punishment, it is linked to the enforcement of orders under the aforementioned sections, which may involve penalties or restrictions as per the provisions of the Act.
Any order passed under Section 3, 4, 5 or 6 shall not be called in question in any court except on the grounds-
(i) that the District Magistrate had not followed the procedure laid down in sub-section (1) of Section 8; or
(ii) that there was no material before the District Magistrate upon which he could have based his order; or
(iii) that the District Magistrate was not of opinion that witnesses were unwilling to come forward to give evidence in public against the person in respect of whom an order was made under Section 5-
If a person to whom a direction has been issued under Section 4, 5 or 6 to remove himself from a district or part thereof or such area and any district or districts, or any part thereof contiguous thereto,-
(i) fails to remove himself as directed; or
(ii) having so removed himself except with the permission in writing as provided in Section 12 enters the district or part thereof or any district or districts or any part thereof contiguous thereto, as the case may be, within the period specified in the order;
the District Magistrate may cause him to be arrested and removed in police custody to such place outside such area as the District Magistrate may in each case specify.
(1) The State Government or the District Magistrate may in writing permit, any person in respect of whom an order under Section 4,5 or 6 has been made to enter or return, for such temporary period and subject to such conditions as may be specified in such permission, to the district, or part thereof or such area and any contiguous district or districts or part thereof from which he was directed to remove himself.
(2) The aforesaid permission may at any time be revoked by the State Government or the District Magistrate, as the case may be.
(3) In permitting a person under sub-section (1) to enter or return to the district, or such part thereof or such area and any contiguous district or districts or part thereof, as the case may be from which he was directed to remove himself, the authority giving the said permission may require him to
(1) The State Government or any officer specially empowered by the State Government in that behalf, may, in like circumstance, and in like manner, exercise the powers exercisable in a district by the District Magistrate under Section 3, 4, 5 or 6 with this modification that it shall be lawful for the State Government or the officer specially empowered to direct the members of such gang or body, or persons or immigrants, or persons convicted, as the case may be, to remove themselves from and not to enter or return to any district or districts or parts thereof whether contiguous thereto or not.
(2) The provisions of Sections 7, 8, 10, 11 and 12 and of Section 9 where the order is passed by the officer specially empowered by the State Government under sub-section (1) shall mutatis mutandis apply to the exercise of any powers under this Section as they apply to the exercise of any pow
If any person opposes or disobeys or fails to confirm to any direction issued under Sections 3, 4, 5, 6 or 13 or abets opposition to or disobedience of any such direction he shall be punishable with imprisonment which may extend to three years but shall not, except for reasons to be recorded in writing, be less than four months, and shall also be liable to fine.
Without prejudice to the power to arrest and remove a person in the circumstances and in the manner provided in Section 11 any person who-
(a) in contravention of a direction issued to him under Section 4, 5, 6 or 13 enters or returns without permission to the district or part thereof, or such area and any other district or districts or part thereof from which he was directed to remove himself;
(b) enters or returns to any such area or district aforesaid or part thereof with permission granted under Section 12 but fails, contrary to the provisions thereof to remove himself outside such area at the expiry of the temporary period for which he was permitted, to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission enters or rectu
Notwithstanding anything contained in any law for the time being in force, in a prosecution for an offence for the contravention of order passed under section 3 or a direction issued under Section 4, 5, 6 or 13 on the production of an authentic copy of the order, it shall until the contrary is proved and the burden of proving which shall lie on the accused, be presumed-
(a) that the order was made by the District Magistrate or Sub Divisional Magistrate empowered by the State Government under Section 18 or the State Government or any officer specially empowered by the State Government under Section 13 as the case may be;
(b) that the District Magistrate or the Additional District Magistrate or Sub-Divisional Magistrate empowered by the State Government under Section 18 or the State Government or any officer specially empowered by the St
If any person permitted under sub-section (1) of Section 12 fails to observe any condition imposed under the said sub- section or in the bond entered into by him under sub-section (3) of the said Section his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the Court why such penalty should not be paid.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may by order direct that any power on duty conferred or imposed on a District Magistrate under this Act shall be exercised or performed by such additional District Magistrate or sub Divisional Magistrate and for such areas as may be specified in the order.
Nothing in this Act shall be deemed to require the State Government or the officers specially empowered by it under Section 13 or the District Magistrate or the Additional District Magistrate or Sub- Divisional Magistrate empowered under Section 18 as the case may be to disclose to the person against whom an order is made under Sections 3, 4, 5, 6 and 13 of this Act or to any Court of law the source of its or his information or any fact, the communication of which might, in the opinion of the State Government or the officer empowered under Section 13 of the District Magistrate or the Additional District Magistrate or Sub-Divisional Magistrate empowered under Section 18 as the case may be lead to the disclosure of the identity or name of any informant.
Any person who carries on his person or knowingly has in his possession or under his control any corrosive substance or liquid, under such circumstances as to give rise to a reasonable suspicion that he does not carry on his person or have it in his possession or under his control for a lawful object, shall, unless he can show that he was carrying it on his person or that he had it in his possession or under his control for a lawful object, be punishable with imprisonment for a term which may extent to three years and shall also be liable to fine.
(1) (a) If it appears to the State Government, that the inhabitants or any class or Section of inhabitants of any area are concerned in or are abetting the commission of offences resulting or likely to result in death or grievous hurt or loss of, or damage to property or extortion or kidnapping for ransom or are harboring persons concerned in the commission of such offences or are failing to render all the assistance in their power to discover or apprehend the offenders, or are suppressing material evidence of the commission of such offences, the State Government may, by notification, impose a collective fine on such inhabitants or class or Section of inhabitants of that area.
(b) An order imposing a collective fine under clause (a) shall also be published in at least one newspaper having circulation in the area concerned and in such other manner as the State Government may consid
(1) If the State Government is satisfied that it is necessary in the interest of public security or maintenance of public order to do so, it may, by general or special order prohibit or restrict in any area holding of camps or any exercise movements, evolution or drill of a military nature specified in the order.
(2) With a view to securing that no unauthorised exercise, movement, evolution or drill of a military nature is performed at any place, the State Government may, by general or special order prohibit, restrict or impose conditions on the holding of, or taking part in any camp, parade, meeting, assembly or procession by any class of persons or organisations, specified in the order.
(3) Any contravention of an order made under this Section shall be punishable with imprisonment which may extend to three years or with fine or with
(1) If the State Government is satisfied that the wearing or display in public of any dress or article of apparel or any emblem resembling any uniform or part or a uniform of emblem required to be worn or displayed by a member of the Armed Force of the Union or by a member of any police force or of any force constituted under any law for the time being in force, would be likely to prejudice the public safety, the maintenance of order or the preservation of peace and tranquillity, the State Government may, by general or special order prohibit or restrict any such dress or article of apparel or emblem.
(2) For the purposes of this Section, a dress, an article of apparel or an emblem shall be deemed to be worn or displayed in public if it is worn or displayed so as to be visible to a person in any place to which the public have access.
(3
(1) The State Government may, for the maintenance of public order or in the interest of general public by order, prohibit or restrict for such period not exceeding three months as may be specified in the order-
(a) the use of any road, pathway or waterway;
(h) the passage of any person, animal or vehicle over any land.
(2) If any person contravenes any order made under sub-section (1), he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(1) If as respects any place or class of places the State Government considers it necessary or expedient in the interest of general public that special precautions should be taken to prevent the entry of unauthorised persons the State Government may by order declare that place; or, as the case may be, every place of that class to be a protected place; and thereupon, for so long as the order is in force, such place or every place of such class, as the case may be, shall be a protected place for the purposes of this Act.
(2) No person shall without the permission of the State Government or of the District Magistrate or of such other officer as may be authorised by the State Government in this behalf enter or be on or in or pass over or loiter, in the vicinity of any protected place.
(3) Where in pursuance of sub-section (2) any person is
Section 25 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990, pertains to the restrictions on the use of protected places and areas, aiming to safeguard state security and public order. It forms part of the broader legislative framework designed to prevent unlawful activities and maintain peace within the state.
Section 25 prohibits any person from entering or remaining in a protected place or area without prior permission from the competent authority, such as the State Government, District Magistrate, or authorized officer. It explicitly states that unauthorized entry or presence in such designated areas is an offense.
The section applies broadly to all individuals, including residents, visitors, or officials, who attempt to access or stay within protected places or areas without authorization. It encompasses various locations designated as protected under the law, such as sensitive government installations, strategic zones, or areas declared as protected by the government.
While the specific punishment under Section 25 is not detailed in the provided sources, similar provisions in the Act suggest that contravention may lead to penalties such as imprisonment, fines, or both, depending on the severity of the offense and the discretion of the magistrate or competent authority [Source: ""].
Note: The analysis is based on the available sources and general principles of law related to the Act. Specific penalties and procedural details should be referred to in the full text of the Act and relevant case law.
(1) If the State Government considers it necessary or expedient in the interest of general public to regulate the entry of persons into any area, the State Government may without prejudice to any other provisions of this Act, by order declare such area to be a protected area; and thereupon for so long as the order is in force, such area shall be protected area for the purposes of this Act.
(2) On and after such date as may be specified in and subject to any exemptions for which provisions may be made by an order made under sub-section (1), no person who was not immediately before the said date resident in the area declared to be a protected area by the said order shall effect entry into or remain in area except in accordance with the terms of a permission in writing granted to him by an authority or person specified in the said order.
Section 26 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990, pertains to the regulation of entry and presence within protected areas, aiming to prevent unlawful activities and maintain public order and security. It forms part of the broader legislative framework designed to safeguard the state's interests and ensure peace.
Section 26 establishes that if the State Government considers it necessary or expedient in the public interest, it can declare certain areas as protected areas. It prohibits unauthorized entry or presence within these areas, and contravention of these provisions attracts penal sanctions.
This legal commentary synthesizes available sources to provide a comprehensive understanding of Section 26, emphasizing its legislative intent, scope, and enforcement mechanisms.
Any person who effects or attempts to effect entry into a protected place or protected area-
(a) by using or threatening to use criminal force to any person posted for the purpose of protecting or preventing or controlling access to, such place or, area; 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 or with fine or with both.
(1) Without prejudice to any other provision of this Act, the State Government as respects-
(a) any place or area declared by it to be a protected place or protected area; or
(b) any other place or area in relation to which it appears to it to be necessary to take special precautions for preventing or suppressing subversive acts or for maintaining supplies and services essential to the life of the community;
may make order 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-section (1) in relation to any place or area may make provisions-
The State Government may by order, direct that any power or duty which is conferred or imposed on the State Government by this Act except the power of imposing collective fines under section 21 and of framing rules under Section 30, shall under such conditions, if any, as may be specified in that direction be exercised or discharged by any officer subordinate to it, not below the rank of a District Magistrate.
(1) The State Government may, after previous publication, make rules to carry out the purposes of this Act.
(2) All rules made under this Act shall, as soon as possible after they are made, be laid on the Table of the Legislative Assembly.
Whoever abets the commission of an offence under this Act or attempts to commit any such offence and in such attempt does any act towards the commission of the offence, shall be punishable with the punishment provided for the offence.
Whoever knowingly aids or assets -or harbours or conceals any person who has committed an offence under this Act shall be punishable with the punishment provided for such offence.
Explanation.-For the purpose of this section, the word "harbour" includes the supplying a person with shelter food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person by any means, whether of the same kind as those enumerated in this section or not to evade apprehension.
(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 any rules and orders made there- under.
(2) Save as otherwise expressly provided under this Act, no suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rules and orders made there under.
The provisions of this Act shall be in addition to and not in derogation of any other Act, Ordinance or Regulation for the time being in force.
Any Police Officer or any person authorised by the State Government in this behalf may search any person entering or seeking to enter, or being on or in, or leaving a protected place or protected area, as the case may be, and any vehicle, vessel, animal or article brought in by such person, and may, for the purpose of the search, detain such person, vehicle, vessel, animal or article:
Provided that no women shall be searched in pursuance of this section except by a women, and that such search shall be made with due regard to decency.
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