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Section 15 – The Terrorist Affected Areas (Special Courts) Act 1984

The Terrorist Affected Areas (Special Courts) Act 1984

Section 15. Modified application of certain provisions of the Code

(1) Notwithstanding anything 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 scheduled offence subject to the medications that the references to “Court of Session” and “High Court” , wherever occurring therein, shall be construed as reference to “Special Court” and “Supreme Court” respectively.

(4) Nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed a scheduled offence in a terrorist affected area.

(5) Notwithstanding anything contained in the Code, no person accused of a scheduled offence 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 Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(6) The limitations on granting of bail specified in sub-section (5) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail.

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The Terrorist Affected Areas (Special Courts) Act 1984

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