Status


Repealed by the Repealing and Amending Act, 2001

The Terrorist and Disruptive Activities (Prevention) Act, 1985 was enacted in May, 1985, in the background of escalation of terrorist activities in many parts of the country at the time. It was expected then that it would be possible to control the menace within a period of two years and, therefore, the life of the said Act was restricted to a period of two years from the date of commencement. However, it was subsequently realised that on account of various factors, what were stray incidents in the beginning have now become a continuing menace specially in States like Punjab. On the basis of experience, it was felt that in order to combat and cope with terrorist and disruptive activities effectively it is not only necessary to continue the said law but also to strengthen it further. The aforesaid Act of 1985 was due to expire on the 23rd May, 1987, which came into force with effect from the 24th May, 1987.2. The Ordinance included all the provisions of the Act of 1985, except the following main changes, namely: (a) punishments for terrorist acts and disruptive were made more deterrent: (b) the Central Government has also been empowered to constitute Designated Courts: (c) the exhaustive enumeration of rule-making powers, as contained in S.5 of the 1985 Act, had been dispensed with and the Central Government had been given power to make rules for carrying out the provisions of the Ordinance. 3. Subsequent to the promulgation of the Ordinance, it was felt that the provisions need further strengthening in order to cope with the menace of terrorism. It is, therefore, proposed that persons who are in possession of certain arms and ammunition specified in the Arms Rules, 1962 or other explosive substances unauthorized in an area to be notified by the State Government 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 with fine. It is further proposed to provide that confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or on any mechanical device shall be admissible in the trial of such person for an offence under the proposed legislation or any rules made thereunder. It is also proposed to provide the Designated Court shall presume, unless the contrary is proved, that the accused had committed an offence where arms or explosives or any other substances specified under S.3 were recovered from his possession or where by the evidence of an expert the finger prints of the accused were found at the site of offence or where a confession has been made by a co-accused that the accused had committed the offence or where the accused had made a confession of the offence to any other person except a police officer. it is also proposed to provide that in the case of person declared as 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. Further, the Designated Courts are also proposed to be empowered to try certain offences in a summary way in accordance with the procedure prescribed in the Code of Criminal Procedure, 1973. The matters in respect of which rules may be made by the Central Government are also proposed to be enumerated. The said amendments included in the Bill, have been explained in the Memorandum attached to the Bill.4. The Bill, seeks to replace the aforesaid Ordinance and to include therein the aforesaid amendments. An Act to make special provisions for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-eight Year of the Republic of India as follows:-

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