 arrangement of clauses part i preliminary clauses1 short title, extent, application, commencement, duration and savings 2  definitions  part ii punishments for, and measures for coping with, terrorist and disrvpnve activities3 pwliahment for terrorist acts 4 punishment for disruptive activities 5 possession of certain unauthorised arms, etc, in specified aresil 6 enhanced penalties 7 conferment of powers 8 forfeiture of property of certain persons  part iii designated courts9 designated courts 10 place' of sitting 11 jurisdiction of designated courts 12 power of designated courts with respect to other offences 13 public prosecutors 14 procedure and powers of designated courts 15 certain confessions made to police officers to be taken into con· sideration 16 protection of witnesses 17 trial by designated courts to have precedence 18 power to transfer cases to regular courts 19 appeal  part iv miscellaneous20 modified application of certain provisions of the code 21 presumption as to offences under section 3 22 identification of accused 23 saving 24 saving as to orders 25 overriding effect 26 protection of action taken under this act 27 power of the supreme court to make rules 28 power to make rules 29 rules to be laid before houses of parliament 30 repeal and saving  a billto make special prcz·!fiolls jor the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thetl~to be it enacted by parliament in the thhty-eighth year of the republic gf ij}dia as follows:- part i preliminarys  1 (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 abo-(a) to citizens of india outside india; (b) to persons in the service of the government, wherever they 10 may be; and short title, extent, applicalion, commenc»o ment, duration bnd savings (c) to pers(\ns on ships and aircraft registered in india, where-!' ever they may be (3) sections 5, 15, 21 and 22 shall come into' force at once and the re- ~, prrovilioils of this act, shall be deemed to have come into foree i' "",ja; uth:daj-ot may, 188'7 (4) it shall remain in force for a period of two ~ars from the !4th day of may, 1987, but its expiry under the operation of this sub-section 'hall not effect-! (a) the previous ('}leration of, or anything duly done or suftered under, this act uf any rule made thereunder or any order made s under any such rule  or (b) any right, privijege, 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, toi"feiture or punishment incurred in respect 10 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 (ei) any investiga1ion, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid 15 and any such investigaticll, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punisbment may be imposed as' if this act had not expired z (1) in this act, unless the context otherwise requires,-(a) "abet", with 1ts grammatical variations and cognate expret- 20 sions, includes-(i) the communication or association with any pers!)n 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 2s authority any infolmation 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 disrup tionists; (w) the rendering of any assistance, whether financial (lr 30 otherwise, to terrotists or disruptionists; (b) "code" means the code of criminal procedure, 1973; 2 of 1974 (c) "designated cl)urt" means a designated col con~t!tuted unde~ section 9; (d) "disruptive activity" has the meaning assi ~d to it in 35 section 4 and the expression "disruptionist" shall be construed accordingly; (e) "high court" means the high court of the state in whit'h a jud~e or an additional judge of a designated court was working immediately before his appointment as such judge or addttionaj 40 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 a~ditional public prosecutor or ~ special public prosecutor ap- 45 pointed under section 13, and includes any person acting under the directions of the public prosecutor' , (h) "terrorist act" has the meaning asligned to it in rb-nett_ (1) of section 3, and the expression "terrorist" shall be ccnujtrij  aecordmgly; (i) words and expressions used but not defined in thia act and defined in the code shall have the meanings respectively 1iled to them in the ccde (2) any reference in this act to any enactment or any provulon 5 thereof shall, in relation to an area in which such enactment or iuch provision is not in force, be construed as a reference to the corresponding law or the !'elevant provision of the corresponding law, if any, in force in that area  part ii 10 punishments for, and measures for coping with, terrorist and disruptive activities,3 (1) whoever with intent to overawe the government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the har-15 mony amongst different sections of the people does any ac1 or thing by wlingbombs, dynamite or other explosive substances or inflammable substances or fire-arms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biologl calor otherwise) of a hazardous nature in such a manner as to cause, o or as is likely to cause, death of, or injuries to, any person or persons - or loss of, or damage to, or destruction of, property or disruption of any  supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in -order to compel the government or any' other person to do or abstain from doing 15 any act, commits a terrorist act (2) vlhoever commits a terrorist act, shali,-(i) if such act has resulted in the death of any person, he punishable with dearh or imprisonment for life and shall also be liable to fine; 30 (ii) in any other case, 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 (3) whoever conspires or attempts to commit, or advocates, abets, advises or incites or lmowingly facilitates the commission of a terrorist , 35 act or any act preparatory to a terrorist act, 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 fide (4) whoever harbours or conceals, or attempts to harbour or conceal, any terrorist shall be punishable with imprisonment for a term 4g which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine 4 (1) 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 dlsruptive activity 45 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 $ub-section (1), "disruptive aetivi~" m""5 ~  action taken, whether by act or by speech or through any otker ~ media or in any other manner whateoever,-~ ",' (i) which questions, disrupts or is intended to disrupt, whether '"!""  duecuy or indirectly, the sovereignty and territonat mwgrlt, of , india; or (ii) which is intended to bring about or supports any claim, f'  whether directly or indirectly, for the cession of any part of incua 5~ !; -  or  the secession of any part of· india from the union ::, 'explanation-for the purposes of this sub-section,- (a) "cession" includes the admission of any claim ·of any foreign country to any part of jndia, and (b) "secession" includes the assertion of any claim to deter- 10 mine' whether a part of india will remain within the union  (3) without prejudice to the generrlity of the provisions of sub--qction (2), it is hereby declared that any action taken, whether by act $  :i"! m'l ,-,:':" ~by speech or through any: other media or in any other manner whatspeyer, which-is (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, tl1e  killing or the destruction of any person bound by oath under the constitution to uphold the sovereignty and integrity of india or any to public servant shall be deemed to be a disruptive activity within the meaning of this section ~:~ (~) whoever harbours or conceals, or attempts" to harbour or eonceal, any disruptionist shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to 25 imprisonment for life and shall also be liable to fine ,  ~ , pouesaion of certain unautllorl aed  arms, etc in lp8cifted areas _f 5 where any person is in possession of any arms and ammunition specified in columns 2 and 3 of category i or category iii (a) of schedule ~ to the arms rules, 1962, or bombs, dynamite or other explosive stibstances unauthorisedly in a notified area, he shall, notwithstanding 30 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 fiye years but which may extend to imprisonment for life and shall also be 'liable to fine i' ' ~  6  (1) if any person with intent to aid any terrorist or disruptio:nist 35 col)kavenes any provision of or any rule made under, the arms act, 1~5~, the explosives act, 1884, the explosive substances act, 1908 (lr 54 of 1959 ·r:'e!~:''1 '!"~ ~ r:-  ~ ~th'l!;" :~ ~fv···"~ t~~ inflammable substances act, 1952, he shall, notwithstanding any-4 of 1884 thing contamed in any of the aforesaid acts or the rules made there-, 6 of 1901 ut\der be punishable with imprisonment for a term wfrich shall not be 40 loot 1951-less than five years but which may extend to imprisonment for life and snttl1 a iso be liable to fine ,  : ~(2) for the purposes of this section, any person who attemp+s to contravene or abets, or attempts to abet, or does any'''act preparatory' to ~, contravention of any provision of any law, rule or order shall be 45 deemed to have contravened that provision, and the provisions 'of sub-~fml (1)· shall in relation to such person, have effect subject to the naoliitication ·that 'the reference to "imprisonment for life" shaube eollltrued as" a reference to "imprisonment for ten years"  '1 (1) notwithstanding anything contained in the code or 1d any eor other provision of this act, the central government may, if it ~onside" jdedt cri it neceisary': or expedient so to do,-powera (a) for the prevention of, and for coping with, any offence tind~ section 3 or section 4; or 1 5_ (0) for any- case or class or group of cases under section 3 '·or sectlon 4,  w  " in any state or part thereof, confer, by notification in the ofticial gazette on any office:' of the central government, powers exercisable j 0 by a police officer under the code in such stat, or part thereof or, -as the case mal be, for such case or class or group of cases and in particular, the powez;s of arrest, investigation and prosecution of persons bef<ll'e any court - " (2) all officers of police and all officers of government are hereby j 5 required and empowl?red to assist the officer of the central gevern--ment referred to in sub-section (1), in the execution of the provisions of this act or any rule or order made thereunder (3) 'l'he' 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 ·~o powel"s by an officer under sub-section (1) ';"'i~ ":'~j'~:~~ forfcr~·  ture of propejtj of certain perso_ 8 (1) where a person has been convicted of any offence punishable under this act or lany rule made thereunder, the designated' ccl\irt may, in addition to uwarcimg any punishment, by order ill wj;'iting, declare that any property movable or immovable or both belongii~g ta '!25 -tile accused and specijjed in the order, shall stand forfeited to tlle government free from all encumbrances (2) where any person is accused of any offence under this a,ct ql" any rule made thereunder, it shall be open to the designated couri tryinahim to pass an order that all or any properties, mova?le iii 30,immovable or both belonging to him, shall during the period of such "trial~ be attached, and where such trial ends in conviction, the properttes 10 attached shall stand forfeited to the government free from au pncumbrances (3) (a) if upon a report in writing made by a police ofticer or an officer referred to in sub-section (1) of section 7, any designated cotji"t 35 has reason to believe that any person, who has committed an offence punishable under this act or any rule made thereunder, has abscond~ or is concealing himself no that he may not be apprehended, such court may, notwithstancing anything contained in section 82 of th~ code, 40 publish a written proclamation requiriog him to appear at a specified place and at a specified time not less than fifteen days but not maliif' 'than thirty ciays from the date of publication of such proclamation, (b) the designated court issuing a proclamation under clause '(d) ~, at any time, order the attachment of any property, movaoie or \ immovable or both, belonging to the proclaimed person and thereupen 45 ,the provisions of sections 83 to 85 of the code shall apply to such att  ment a~ if such attachment were made under that code "~'j (c) if, within six months from {the date of the attachment, an,! 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 <lnd brought before the designated court by whose order the property was attached, or the court to which such 5 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 hnd 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 10 the residue of the property, shall, after satisfying therefrom all costs incurred in cunsequence of the attachment, be delivered to him  - (4) where any shares in a company stand forfeited to the government under this section, tben, the company shall, notwithstanding anything contained in the companies act, 1956, or the articles of assot!lation 15 let 1_ oi the company, forthwith legister the government as the transferee of such shares   part iii designated covrts9 (1) the central governmt!nt or a state government may, bj slo notification in the official gazette, constitute one or more des~ted courts for such area or areas, or for such ca,se or class or poup of casel, as may be specified in the notification (2) where a notification constituting a designated court for any area or areas or for any <:asc or class or group of cases is issued by the 2 central government under sub-section (1), and a notification constitut-5 ing a designated court for the same area or areas or for the same case or class or group of ca~cs 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 ilisued so before or after the issue 01 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 desianated court constituted by the state government shall stand trans- 35 !erred to the desigllated 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 deci&lod thereon shall be final ' (4) a designated court shall be presided over by a juqe tobe ap- !'olnted by the central, government or, as the case may be, the stat govenament, with the concurrence of the chief justice of the ~ court (5) the central government or, as the case may be, the state gov-   eat may also appoint, with the concurrence of the chief justice of 5 tile m,h court, additional judps to exercise jurisdiction in - desipated court (6) a person shall not be qualified for appointment as a judge or 8ll additional judge of a designated court unless he is, immediately· before such appointment, a sessions judge or an additional sessions judge in any state s (7) }t'or 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 of the age of superannuation under the rules appli" cabl~ to him in the service to which he belongs, shall not affect his continuance as such judge or additional judge 1~ (8) where any additional judge or additional judges is or areappoint~ eo in a designated court, the judge of the designated court may,trom time to time, by general or special order, in writing, provide for the distribution of business of the designated court among himself and the 2dditional judge or additional judges and also for the disposal of urgent 15 business in the event of his absence or the absence of any additional judge place of aittin, 10 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 20 ordmary 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  jurisdiction of designated courts 11 (1) notwithstanding anything contained in the code, every 25 oftence pwushable under any provision of this act or any rule made therewlder shall be triable only by the designated court within whosa ioeal jurisdiction it was committed or, as the case may be, by the designated court constituted for trying such offence under bub-section (1) of section 9  30 (2) if, havini regard to the exigencies of the situation prevailing in a state, the central govcnunent is of the opinion that-(a) the situation prevailing in such state is not conducive to a fair, impartial or speedy trial, or 35 (0) it is not likely to be feasible without occasioning the breach of peace or grave risk to the safety of the accused, the witnessesl the public prosecutor and lhe judge of· the designated court or any of them, or (c) it is not otherwise in the interests of justice, it may, wiul the concurrence of the chief ju~tice of india (such concur-40 r~nce to be obtained on a motion moved in that behalf by the attorney-general), transfer any case pending before a designated court in that state to any other designated court within that state or in any other state (3) where the whole or any part of the area within the local lim,its 45 of the jurisdiction of u designated court has been declared to be~ or forms part of, any are~ which has been 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, and the central government is of opinion that the situation pr  vauing in the state is not conducive to fair, impartial or speedy trial within the state of offences under this act or the rules made thereunder ,  which such designated court is competent t9 try, the central governmentmay, with the concurrence of the chief justice of india, specify, by notification in the oflkia] gazette, in relation to such court (here- 5 after in this sub-section referred to as the local court) a designated court outside the state (hereafter in this section referred to as the specified court), and thereupon-(a) it shall not be competent, at any time during the perjod of operatlon of such notification, for such local court to exercise any 10 jurisdiction in respect of, or try, any offence under this act or the rules made there"jnder; (b) the jurisdiction which would have been, but for the issue of such notification, exercisable by such local court in respect of such offences conun~tted during the period of operation of such notifiea- is tion shall be exercif:able by the specified court; (c) all cases relating to such offences pending immediately before the ~ate of issue of such notification before such local court shall stand transferred on that date to the specified court; (d) all cases taken cognizance of by, or transferred to, the 20 specified court under clause (b) or clause (c) shall be dealt with and tried in accordance with this act (whether during the perjod of operation of such notification or thereafter) as if such offences had been committed within the local limits of the jurisdiction of the specified court or, as the case may be, tran~ferred for trial t('l it 25 under sub-section (2) ea"planation 1-a notification issued under this sub-section in relation to any local court ~~hal1 cease to operate on the date on which the whole or as the case may be, the aforementioned part of the area within the local limits or its· jurisdiction, ceases to be a disturbed area 30 explanation 2-for the purposes of this section, "attorney-general" means the attorney-general of india or, in his absence, the solicitor-general of india or, in the absence of both, one of the additional solicitors-general of india power of deiiaaated oaurta with reepoct to other oieoces 12 (1) when trying any offence, a designated court may also try 35 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 uat the accused person has committed any other offence under +<> this ac~ 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 cas'! may be, such other law, for the punishment thereof 13 (1) for every designated court, the central govel1llment or, the case may be, the state government, shall appoint a person to the public prosecutor and may appoint one or more persons to be additional public prosecutor or additional public pr088eutora, the provided that the cent  l government or, as the case may be, the-state gavenunent, may also appoint for any case or cia$! or «roup of so cash 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 llnless he has been in practice iii an advocate for not less than seven years or has held any post, for a period of 5 not leis than seven years, under the union or a state, requtrina lpecial knowledge of law (3) every person appointed as a public prosecutor or an additional public prosecutor or a special public prosecutor under this section shall 10 tie deemed to be a public prosecutor within the meaning of clause (u~ of section 2 of the code and the provisions of the code' shall have effect accordingly 14 (1) a designated court may take cognizance of any of!enee, without the accused being committed to it for trial, upon receiving a eomplaint of facts which' constitute such offence or upon a pollce report 15 of such facts procedure and po  of~ nated co~; (2) where an offence triable by a designated court is punishable with imprisonment for a term not exceeding three years or with ftae or with both, the designated court may, notwithstanding anything contained in sub-secf;ion (1) of section 260 or seetion 262 of the code, try 20 the oft'enee in a summary way in accordance with the procedure prescribed in the code and the provisions of sections 263 to 265 of the co<le, shall, so far as may be, apply to such trial: provided th~t ween in the course of a summary trial under this subsection, it appears to the designated court that the nature of the casa 25 is such that it is undesirable to try it in a summary way the designated court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the code for the trial of such offence and the said provisions shall apply 3 to and in relation to a designated court as they apply to and in relation o to a mllgistrate: provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a designated court to pass a sentenee of imprisonment for a term not exceeding two years (3) subject to the other provisions of this act, a designated court 35 il1a11 for the purpose of trial of any oft'ence have all the powers of a court of session and shall try such offence as if it were a court of session so far as may be in accordance with the procedure prelcribed in the code for the trial before a court of session (4) subject to the other provisions of this act, every case tran~er-40 red to a designated court under sub-section (2) of section 11 shall be dellt with as if such case had been transferred under secti-on 406 of the code to such designated court (5) notwithstanding 'anything, conta,ined in the code a designated, 0nrt may, if'it'thinks fltandfor reasons to be recorded by it proceed s with < the trial in the absence of the accused or his pleader and reeerd the evidence of any witness, sub1ect to the right of the accused to reea1j , 1a witness for cross-examination 15 (1) notwithstanding anything in the code or in the indian evidence act, 1872 but subject to the provisions of this section, a confession made by a ~rson 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 like cassettes tapes or sound tracks from 5 out of which· 'sounds or images can be reproduced, shall be admissible in the trial of such person for an offence under this act or rules made thereunder certaia confetsioos madoto pollce officers to be taken into consideration (2) the police officer shall, before recording any confession under sub-section (i), explain to the person making it that he is not bound 10 to make a confession and that if he does so, it may be used as evidence against him and such police 'officer shall not record any such confession unless upon questioning the person making it he has reason to believe that it is being made voluntarily is, (1) notwithstanding anything contained in the code, all pro- is ceedings before a designated court shall be conducted in camera: protec· tion ,of wit-'nessel provided that where the public prosecutor so applies any proceedin~ or part thereof may be held in open court (2) a designated court may, on an application made by a witness 20 in any proceedings before it or by the public prosecutor in relation ~ such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of any witness secret lit (3) in particular, and without prejudice to the ~nerality of the provisi<:,>ns of sub-section (2) the measures which a designated court 2s may take under that su1:i-~ction 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 orders or judgments or in any rftcordsof the 30, case accessible to public: i (e) the issuing of any directions for securing that the identity and addresses of the witnes'ses are not disclosed; (if) that it is in the public interest to order that all or anv of ' the prl"ceedings pending before such a court shall not be published 35 in any manner '(4) any person who contravenes any direction issued under sub-!section (3) shall be punishable with imprisonment for a term which m'ay extend to one year and witb fine which may extend to 'one' thousana' t,' rupees , -r •• :'~ ~"'i'tif\o,~"" trial by debilnated courls to have prece· dence 17 the trial under this act of any offence by a designated court shan l1ave precedence over the trial of anv other case a~afnst theaceuged 'n' iinyethel' court (n"lt being a designated co'urt) and shall be c()ne1u8ed" in; priterence to the trial of such other cas'e 'and accordingly the trial '~f" ~~~~ meh otber ease shan remain in abeyance ,is where, after taking cognizance of any offence, a designated court is of opinion that the offence is not triable by it, 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 lind 5 the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the ofl'ence 19 (1) notwithstanding anything contained in the code, an appeal shan 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 lo both on facts and on law ' (2) except as aforesaid, no appeal or revision shall lie to any ecrurt from any judgment, sentence or order including an interlocutory order of a designated court (3) every appeal under this section shall be preferred within a period 15 01 thtrty days from the date of the judgment selltence 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 came for not preferring the appeal within the period of 20 !htrty da~  part iv miscei"lalfeous20 (1) notwithstandin~ anythin~ contained in the code or any other law every offence punishable under this act or any rule made there-25 under shall be deemed to be a cojmizable offence within the meanin!:! of clause' (c) of section 2 of the code and "cognizable case" as defined in that clause shall be construed accordingly modlfte4 application of certain provi81odl of the code (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 30 suhject 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 t~ a case fnvolvfnlt an offence punfshltble under this act or any rule made thereunder, 35 sl1bfect to the modification that the reference in !'!ub-section (1) thereof to ''mptrooolitan mmi!'!trate or turlicial malrl!iltrate" shall be con!ltrued as a reference to "metronolitan mal!istrate" judicial magistrate, executive ma~strate or special executive magistrate" (4) ~tion 1&7 of the code shall apply in relation to 8 case jnvolvfn~ 40 an offence punishable under this act or any rule made thereunder sub ject to the modifications that-(~) the tef~renc~' in sub-!'!ection '(1) thereof to'iti1,nc'i:tl ma!!f3- trllte" shall be construerl as a refpren~p t"l' uturlicla 1 m'al!i~trate or execu~vp, mal!f~trate or soecial executive mamstrate": 45 i (m t"e !'@f~on"~ fn ~1h-!'!pf't;on (2) thereof to 'lftft:fi'f!n davs", "nfnetv da'vl'l" antl, "six+v rtavs", wherever thev occur shan be construed as referenees to -stxty days", "one yea~ and ·~n!_ ~ar"'~, pectfw!,; anc!  (e) sub-section (2a) thereof shall be deemed to have been omitted  (5) section 268 of the code shall apply in relation to a case involving  an offence punishable under this act or any rule made thereunder sub· ,ect to the modifications that-5 ca) the reference in sub-section (1) thereof-(i) to "the state government" shall be construed llj a refer  enee to "the central government or the state government"; (ii) to "order of the state government" shall be construed as a reference to "order of the central government or the state 10 government as the case may be"; and (b) the reference in sub-section (2) thereof to "state government" shall be construed as a reference to "central government or the state government as the caservay be" (6) sections 366 to 371 and section 392 of the code shall apply ill 15 relation to a case involving an offence triable by a designated court bub~ect to the modifications that the references to "court of session" and "high court", wherever occurring therein, shall be construed as references to "designated court" and "supreme court" r~ctively (7) nothing in section 438 of the code ahall apply in relation to any 20 case involving the arrest of any person on an accusation of having committed an offence punishable under this act or any rule made thereunder (8) notwithstanding anything contained in the code no person accused of an offence punishable under this act or any rule made 2s thereunder shall if in custody be released on bail or on his own bond unless-(a) the public prosecutor has been given an opportunity to oppose the application for such release and (b) where the public prosecutor opposes the application; the 30 court is satisfied that there are reasonable grounds for believing that he is not guiltv of such offence and that he is not likely to commit any offence while on bail (9) the ltmitatfons on granting of bail specified in sub-section (8) are in· addition to the limitations under the code or any other  law for 35 the time being in force on granting of bail 2t (1) in a prosecution for an offence tmder sub-section (1) of'seetion 3 if it is proved-proluldji" uon u to ojfedcei under he> tion 3 (a) that the arms or explosives or any other substances specift~ in section 3 were recovered from the possession of the accused and 40 there is reason to believe that such arms or explosives or other substance8 of a similar nature, were used in the commission of such of!enee: or (b) that by the evidence of an expert the ftnger prints of the aceused ~ fout!d at thf! site of the oi!ence or on nythfnginctud- " ing arms and vehicles used in connection with the commission ot such ot!ence; or (c) that a confession has been made by a co-accused that the accused had committed the offence; or 5 , (d) that the accused had made a confession of the offence to any person other than a police officer, -the designated court shall presume, unless the contrary is proved, that the accused had committed such offence (2) in a prosecution for an offence under sub-section (3) of section 10 3, if it is proved that the accused rendered any financial assistance to a person accused 01, or reasonably suspected of, an offence under that section the designaj:ed court shall presume, unless the contrary is proved, that such person has committed the offence under that subsection identification of accuaed 15 22 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 savini 23 (1) nothing in this act shall affect the jurisdiction exercisable 10 by, or 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 th~ 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 2s court shall be deemed to be a court of ordinary criminal justice j atllft savin, as to orders z4 where an order purports to ha ve been made alld 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, presume that such order was so made by that authority overriding effect 30 25 the provisions of this act or any rule made thereunder or any order made under any such rule shall have 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 protee· tion ot uction taken under this act 35 26 no suit, prosecution or other legal proceeding shall lie against the central government or a state government or any officer or auth~ rity of the central government or state government or any other authori ty to whom powers have been conferred under thia act or any rules made thereunder, for anything which is in good faith done or purported 40 to be done in pursuance of this act or any rules made thereunder or any order issued under any such rule 21 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 power of the supreme court  mau rulel 28 (1) without prejudice to the powers of the supreme court to make rules under sectjon 27, the central gi:jvernment may, by notification in the official gazette" make rules for carrying out the provisiona of tbis act -  , (2) in particular, and without prejudice to the generality of the fore-s ioing power, such rules may provide for all or any of the following matters, namely: -i (a) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient and the remo'o'al of such persons ~rom su-::h areas; 10 (b) the entry into, and search of,-(i) any vehicle, vessel or aircraft; or (ii) any place, whatsoever, reasonably suspected of being used for committing the offences referred: to in section 3 or section 4 or for manufacturing or storing is anything for the corrunission of any such offence; (c) conferring powers upon,-(i) the central government; (ii) a state government; (iii) an administirator of a union territory under article 20 239 of the constitution; (iv) an officer of the central government not lower in rank than that of a joint secretary; or (vi an officer of a state government not lower in rank than that of a distrlct magistrate, 25 to make general or f>pecial orders to prevent or cope with terrorist acts or wsruptive activities; (d) the arrest and trial of persons contravening any of the rules or any order made thereunder;  (e) the punishment of any person who contravenes or attempts 30 to contravene or abets or attempts to abet the contravention of any rule or order made thereunder with imprisonment for a term which ma;' extend to seven years or for a term which may not be less than six months but which may extend to seven years or with fine or with imprisonment as aforesaid and fine; 35 i (1) pro~iding for the seizure and detention of any property in respect of which such contravention, attempt or abetment as is, r referred to in clause (e) has been committed and for the adjudication of such seizure and detention, whether by any court or by any other authority 40 29 every rule made by the central government under this act shall be laid, as boon as may be after it is made, before each house ofparlia  mant, while it is in session, for a total period of thirty days which may be comprised in one sessiori' or in two or more successive sessions, and if, before the expiry of 'the session immediately followini the aeslion 45 "afore ;oao~ til parlla-'1mdt 6t the successive sessions aforesaid, both houses agree in making afty 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 modlft  5 cation or annulment shall be without pre1udice to the validity of anything previously done under that rule 30 (1) the terrorist and disruptive activities (prevention) ordinance, 1987, hereby repealed repe~ and  in, ord i of 1987 (2) notwithstanding such repeal anything done or any action taken 10 under the said ordinance shall be deemed to have been dllne or taken under the corresponding provisions of this act 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 that 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 its 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 since both houses of parliament were not in session and it was necessary to take immediate action, the president promulgated the terro· rist and disruptive activities (prevention) ordinance, 1987 (2 of 1987), 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 activities 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 section 5 of the 19850-act, had been dispensed with and the central government had been given power to make rules for carl"y-ing out the provisions of the ordinance 3 subsequent to the promulgation of the ordinance, it was felt thai the provisions need further strengthening in order to cope with the menus of terrorism it is, therefore, proposed that persons who are in possession of· certain arms and amm uni tion specified in the arms rules, 1962 or other explosive substances unauthorisedly in an area to be notified by the state government, shall be punishable with imprisonment for a tarm 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 that 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 in section 3 were recovered from his possession, or where b7 the evidence of an expert the finger prints of the accused were found a~ 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 confeision of the offence to any other person except a police ooicer it is also proposed to provide that in the case of a person declared as a proclaimed offender in a terrorist case, the evidence regard  ing 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 new delhi; the 17th august, 1987 buta singh  president's recommendation under article 117 (3) of the constitution of india[copy of letter no 617187-legal cell dated 17th august 1987 from shri buta singh, minister of home affairs to the secretary-general, lok sabha] the president, having been informed of the subject matter of terrorist and disruptive activities (prevention) bill, 1987 recommends to the house the consideration of the bill under article 117 (3) of the constitution clause 9 of the bill provides for the constitution of designated court :by the central government or the state governments and also for appointment of judges and additional judges of those courts clause 13 of the bill provides for appointment of public prosecutors, additional public prosecutors and special public prosecutors by the central govem-'tnent or the state governments, as the case may be 2 the expenditure towards the setting up of designated courts by the state governments and towards salaries and allowances of the judget, public prosecutors and staff of such courts will be defrayed out of the consolidated funds of the states the expenditure towards setting \lp of designated courts by the central government in any state or union territory (other ~han pondicherry) will be met out of th~ consolidated fund of india the likely expenditure for each designated court and on the salaries and allowances of the judges, public prosecutors, additional public prosecutors, staff, etc, over a period of six months is expected to be about rs 7 lakhs out of which rs 35 lakhs will be of· a recurring nature and rs 35 lakhs of a non-recurring nature as it is not possib18 at this stage to visualise the number of such courts that may have te be established, it is not possible to giv~ an estimate of actual expenditure that may have to be incurred in this behalf clause 7 of the bill enables the central government to confer on an, tmlter of' the' central gove'mm~t powers exercisable by a police oftlcer 'tinder the code 'of crirtdnal proeedure, 19r3, in a state or part thereof, tn'''far such case or class 'or gtoup 'of eases and in particular the powers c;farrest, investigation bnd pro!ecution of persons before any court provisions to confer powers as provided in clause 7 are necessary for ~·eflec~ve agministration of the provisions of the bill 2 clause'j:t of the bill seekj to empower the supreme court to frame such ,rules, if any, 88 it may deem necessary for carrying out the provisions of the bill relating to designate~ courts the matters in respect of rwhich the supreme court can make rules would relate to ma~ters of detau and procedure the power is sought to be conferred on the supreme court to enable it to provide' for contingencies which it is not practicable to visualise and 'thereby secure the effective functioning of the designated courts 3 clauae· 28 of the bui seeks to empower the central govemment to make rules for carryiilgout tae provisions of the bill the particular matters in respect of which such rules may be made have been specified insub-clause (2) of the clause the rule making power under this elaun is of suft1cient amplttude to enable the central governmert to prdyide for stringent 'punishments within the limits specifted in subclause (2) (d) and (e) for contraventions of the rules and for other matters connected 'with such contraventions the sitaations which may arise as a result of terrorist and disruptive activities are of a very grave : uture further it is not possible to visualise the various types of situations which terrorists and disruptionists may create 4 in the context of the ci~umstances as explained above, the delegation of legislative power involved is of a normal character memorandum expzait,ing the modifications contained in the- btu to replace the terrorist and di'sruptive activities (prevent;on) ordinance, 1987 the terrorist and disruptive activities ,(prevention) bill, 1987, which seeks to repeal and replace the terrorist and disruptive activitie (prevention) ordinance, 1987, proposes to make the following modifica~ tions, apart from modifications of minor drafting nature, in the provisioll! contained in the said ordinance:-(i) sub-clause (3) of clause i seeks to provide that sections 5, 15, 21 and 22 shall come into force at once and the remaining provisions of the proposed law shall be deemed to have come into force on the 24th day of may, 1987, that is to say, the date on which the aforesaid ordinance came into effect, and shall remain in force for a period of two years from that date sub-clause (4) also includes a saving provision to the effect that the expiry of the proposed legislation will not affect pending proceedings on the lines of section 6 of the general clauses act, 1897 (ii) sub-clause (1) of clause 2 is being amended to include the definition of "notified area" to mean such area as the state g<>vemment may by notification in the official 'gazette, specify (iii) clause 5 seeks to provide that any person who is in possession of certain arms and ammunitions specified in schedule i to the arms rules, 1962, or bombs, dynamite or other explosive substances unauthorisedly in a notified area, shall be punishl:ble with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and also with fine (iv) sub-clause (2) of clause 14 seeks to empower the designated court to try any offence, which is punishable with imprisonment for a term not exceeding three years or with fine or ,with both, in a summary way in accordance with procedure prescribed in the code of criminal procedure, 1973, and the provisions of sections 263 to 265 of the said code, shall, so far as may be, apply to such trial   (v) clause 15 seeks to provide that a 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 an} mechanical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, shall be admissible in the trial of such person for an offence under the proposed legis~ lation or any rules made thereunder the police officer shall, however, explain to the person making the· confession that he is not bound to make it and that, if he does so, it may be used as evidence against him (vi) clause 21 seeks to provide that where it is proved that the anns or explosives or any other substances specified in clause 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 an offence under that clause or where by the evidence of an expert the finger prints of the accused were found at the site of offence or on anything including arms and vehicles used in connection with the commission of such 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, the designated court shall presume, unless the contrary is proved, that the accused had committed such offence (vii) clause 22 seeks to provide that 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 \ (viii) sub-clause (2) of clause 28 enumerates various matters in relation to which rules may be made by the central government without prejudice to the generality of the powers conferred by subclause (1) of that clause some of the important matters for which rules may be made relate to conferring powers upon the central government, a state government, an administrator of the union territory, an officer of the central government of and above the rank of a joint secretary or an officer of a state governmejtt of and above the rank of a district magistrate to make general or special orders to prevent, or cope iwlth terrorist or disruptive activities: arrest and trial of persons contavening any of the rules or any order made thereunder; the punishment of any person who contravenes or attempts to contravene or abets or attempts to abet the contravention of any rule or order made thereunder with imprisonment for a term which may extend to seven years or for a term which may not be less than six months but which may extend to seven years ot with fine or with imprisonment as aforesaid and fine & bill to make special prov1s1<l1ls for the prevention of, and tor copiq: with, terrorist and dill'upuve activities aad for matter conn~ (therewith or incident'"· thereto - (shri buta singh, minister oj home affair • } 