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Terrorist Affected Areas (Special Courts) Act, 1984 Section 3

Title: Declaration of Terrorist Affected Area

State: Central

Year: 1984

.....notification shall be specified therein; and (b) so much of the period specified in such notification as is subsequent to the date of publication of the notification shall not, in the first instance, exceed six months, but the Central Government may, by notification, extend such period from time to time by any period not exceeding six months at any one time, if the Central Government, having regard to the activities of terrorists in such area, is of the opinion that it is expedient so to do. Explanation For the avoidance of doubts, it is hereby declared that the period specified in a notification issued under this section may commence from a date earlier than the date of commencement of this Act.

Terrorist Affected Areas (Special Courts) Act, 1984 Preamble 1

Title: Terrorist Affected Areas (Special Courts) Act, 1984

State: Central

Year: 1984

THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 [Act, No. 61 of 1984] [31st August, 1984] PREAMBLE An Act to provide for the speedy trial of certain offences in terrorist affected areas and for matters connected therewith. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:

Terrorist Affected Areas (Special Courts) Act, 1984 Complete Act

State: Central

Year: 1984

.....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 the Code or any provision thereof shall, in relation to an area in which the Code 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. SECTION 03: DECLARATION OF TERRORIST AFFECTED AREA (1) If the Central Government is of the opinion that offences of the nature specified in the Schedule are being committed in any area by terrorists on such a scale and in such a manner that it is expedient for the purpose of coping with the activities of such terrorists to have recourse to the provisions of this Act, it may, by notification,- (a) declare such area to be a terrorist affected area; and (b) constitute such area into a single judicial zone or into as many judicial zones as it may deem fit. (2) A notification issued under sub-section (1) in respect of an area shall specify the period during which the area shall, for the purposes of this Act, be a terrorist affected area and where the Central Government is of the.....

Terrorist Affected Areas (Special Courts) Act, 1984 Section 2

Title: Definitions

State: Central

Year: 1984

.....(ii) affecting adversely the harmony between different religious, racial, language or-regional groups or castes or communities; or (iii) coercing or overawing the Government established by law; or (iv) endangering the sovereignty and integrity of India; (i) "terrorist affected area" means an area declared as a terrorist affected area under section 3; (j) 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 the Code or any provision thereof shall, in relation to an area in which the Code 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.

Terrorist Affected Areas (Special Courts) Act, 1984 Section 7

Title: Jurisdiction of Special Court

State: Central

Year: 1984

.....offence committed in any judicial zone in a State, the Central Government, having regard to the provisions of sub-section (2) of section 4 and the facts and circumstances of the case and all other relevant factors, is of the opinion that it is expedient that such offence should be tried by the Additional Special Court established in relation to such judicial zone outside the State, the Central Government may make a declaration to that effect: Provided that no such declaration shall be made unless the State Government has forwarded to the Central Government a report in writing containing a request for making of such declaration. Explanation. Where an Additional Special Court is established in relation to two or more judicial zones, such Additional Special Court shall be deemed, for the purposes of this sub-section, to have been established in relation to each of such judicial zones. (3) A declaration made under sub-section (2) shall not be called in question in any Court. (4) Where any declaration is made in respect of any offence committed in a judicial zone in a State, any prosecution in respect of such offence shall be instituted only in the Additional Special Court.....

Terrorist Affected Areas (Special Courts) Act, 1984 Section 15A

Title: Abolition of Certain Special Courts

State: Central

Year: 1984

1[15A. Abolition of certain Special Courts Where the area comprising a judicial zone has ceased to be a terrorist affected area and no cases are pending before a Special Court or an Additional Special Court established in relation to such judicial zone the Central Government may, by notification in the Official Gazette, abolish such Special Court or Additional Special Court.] ________________________ 1. Inserted by Terrorist Affected Areas (Special Courts) Amdt. Act (45 of 1985), Section 2 (26-8-85).

Terrorist Affected Areas (Special Courts) Act, 1984 Section 15

Title: Modified Application of Certain Provisions of the Code

State: Central

Year: 1984

.....contained in the Code or any other law, every scheduled offence shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the Code and "cognizable case" as defined in that clause shall be construed accordingly. (2) Section 167 of the Code shall apply in relation to a case involving a scheduled offence subject to the modifications that (a) the reference in sub-section (1) thereof to "Judicial Magistrate" shall be construed as a reference to "Judicial Magistrate or Executive Magistrate"; (b) the references in sub-section (2) thereof to "fifteen days", "ninety days" and "sixty days", wherever they occur shall be construed as references to "thirty days", "one year" and "one year", respectively; and (c) sub-section (2A) thereof shall be deemed to have been omitted. (3) Sections 366 to 371 and section 392 of the Code shall apply in relation to a case involving a schedule offence subject to the modifications that the references to "Court of Session" and "High Court", wherever occurring therein, shall be construed as references to "Special Court" and "Supreme Court", respectively. (4) Nothing in section 438 of the Code shall apply in.....

Terrorist Affected Areas (Special Courts) Act, 1984 Schedule 1

Title: Schedule

State: Central

Year: 1984

1[THE SCHEDULE [See section 2(f)] 1. Offences under the following provisions of the Indian Penal Code:- Section 121, 121A, 122 and 123. 2. Offences under the following provisions of the Anti-Hijacking Act, 1982:- Sections 4 and 5. Note 1.- The offence of criminal conspiracy or attempt to commit, or abetment of, an offence specified in this Schedule shall be deemed to be a scheduled offence. Note. 2.- The commission of an offence specified in this Schedule by any member of an unlawful assembly shall be deemed to be the commission of that scheduled offence by every other member of the unlawful assembly. ________________________ 1. Substituted by Terrorist Affected Areas (Special Courts) Amdt. Act (45 of 1985), Section 3 (26-8-85).

Terrorist Affected Areas (Special Courts) Act, 1984 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1984

(1) This Act may be called the Terrorist Affected Areas (Special Courts) Act, 1984. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 14th day of July, 1984.

Terrorist Affected Areas (Special Courts) Act, 1984 Section 5

Title: Composition and Appointment of Judges of Special Court

State: Central

Year: 1984

.....shall not be qualified for appointment as a Judge or an Additional Judge of a Special Court unless he, is immediately before such appointment a Sessions Judge or an Additional Sessions Judge in any State. (4) 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 Special Court, of age of superannution under the rules applicable to him in the service to which he belongs, shall not affect his continuance as such Judge or Additional Judge. (5) Where any Additional Judge or Additional Judges is, or arc, appointed in a Special Court, the Judge of the Special Court may, from time to time, by general or special order, in writing, provide for the distribution of business of the Special 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.