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TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987 [REPEALED]

Ministry of Law and Justice

Act nº 28 of 1987


  • Part I
  • Part II
  • Part III
  • Part IV
  • Act nº 28 of 1987

Preamble

THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987

[Act, No. 28 of 1987]1

[3rd September, 1987]

PREAMBLE

An Act to make special provisions for the prevention of, and for coping with, terrorist and disruptive activities and or matters connected therewith or incidental thereto

Be it enacted by Parliament in the thirty-eighth Year of the Republic of India as follows:

1. Published in the Gazette of India, Extraordinary, Pt.II,section1,dated 3rd September1987.


Part I

Section 1. 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) 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 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.

1. Substituted by Act 43 of 1993, section 2, for the words "six years".


Section 2. 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 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);

(c) "Designated Court" means a Designated Court constituted under section 9;

(d) "Disruptive Activity" has the meaning assigned to it in section 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 section 13, and includes any person acting under the directions of the Public Prosecutor;

1[(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 section 3, and the expression "terrorist" shall be construed accordingly;

(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.

1. Inserted by Act 43 of 1993, section 3.


Part II

Section 3. Punishment for terrorist acts

(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.

(2) Whoevercommits a terrorist act, shall,-

(i) if suchact has resulted in the death of any person, be punishable with death orimprisonment for life and shall alsobe liable to fine;

(ii) in anyother case, be punishable with imprisonment for a term which shall not be lessthan five years but which mayextend to imprisonment for life and shall also be liable to fine.

(3) Whoeverconspires or attempts to commit, or advocates, abets, advises or incites orknowingly facilitates the commission of, a terrorist act or any act preparatoryto a terrorist to act, shall be punishable with imprisonment for a term whichshall not be less than five years but which may extend to imprisonment for lifeand shall also be liable to fine.

(4) Whoeverharbours or conceals, or attempts to harbour or conceal, any terrorist shall bepunishable with imprisonment for a term which shall not be less than five yearsbut which may extend to imprisonment for life and shall also be liable to fine.

1 [(5) Any person who is a member of aterrorist's gang or a terrorist's organisation, which is involved in terroristacts, shall be punishable with imprisonment for a term which shall not be lessthan five years but which may extend to imprisonment for life and shall also beliable to fine.

(6) Whoeverholds any property derived or obtained from commission of any terrorist act orhas been acquired through the terrorist funds shall be punishable withimprisonment for a term which shall not be less than five years but which mayextend to imprisonment for life and shall also be liable to fine.]

1.Inserted by Act 43 of 1993, section 4.


Section 4. 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 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 part of India or the secession of any part of India from the Union.

Explanation.For the purpose of this sub-section,

(a) "cession" includes the admission of any claim of any foreign country to any part of India, and

(b) "secession" includes the assertion of any claim to determine whether a part of India will remain within 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 5. Possessions of certain unauthorised arms, in specified areas

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.

Section 6. 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 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 subject to the modification that the reference to "imprisonment for life" shall be construed as a reference to "imprisonment for ten years".

Section 7. Conferment of powers

(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 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 this Act, apply to the exercise of the powers by an officer under sub-section (1).

Section 7A. Powers of Investigating Officers

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 property and the said Court shalleither confirm or revoke the order of attachment so issued.]

1.Inserted by Act 43 of 1993, section 5.


Section 8. Forfeiture of property of certain persons

(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 or an officer referred to in sub-section (1) of section 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 section 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, and thereupon the provisions of Secs. 83 to 85 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 section 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) When 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.

Part III

Section 9. 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 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 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 Judges 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 on the age of super-annuation 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.