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Section 20 – The Terrorist and Disruptive Activities (Prevention) Act,1987

The Terrorist and Disruptive Activities (Prevention) Act,1987

Section 20. Modified application of certain provisions of the Code

(1) Notwithstanding anything contained in the Code or any other law, every offence punishable under this Act or any rule made thereunder 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 21 of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder subject to the modification that the reference to “the State Government” therein should be construed as a reference to “the Central Government or the State Government” .

(3) Section 164 of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder, subject to the modification that the reference in sub-section (1) thereof to “Metropolitan Magistrate or Judicial Magistrate” shall be construed as a reference to “Metropolitan Magistrate, Judicial Magistrate, Executive Magistrate or Special Executive Magistrate.

(4) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder subject to the modifications that, –

(a) The reference in subsection (1) thereof to “Judicial Magistrate” shall be construed as a reference to Judicial Magistrate of Executive Magistrate or Special Executive Magistrate;

(b) The reference in sub-section (2) thereof to “fifteen days,” “ninety days” and “sixty days” wherever they occur, shall be construed as references to “sixty days,” [one hundred and eighty days) and 1[one hundred and eighty days], respectively; and

(bb) Sub-section (2-A) thereof shall be deemed to have been omitted.

2[(bbb) in sub-section (2), after the proviso, the following proviso shall be inserted, namely.

“Provided further that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Designated Court shall extend the said period up to one year, on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days.]

(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 subject to the modifications that,-

(a) The reference in subsection (1) thereof,

(i) To “the State Government” shall be construed as a reference 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 Government, as the case may be” , or

(b) The reference in subsection (2) thereof, to “State Government” shall be construed as a reference to “Central Government or the State Government, as the case may be” .

(6) Sections 366 to 371 and Section 392 of the Code shall apply in relation to a case involving an offence triable by a Designated Court subject 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” , respectively.

(7) 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 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 thereunder shall. if in custody, be released on bail or on his own bo nd 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.

(9) The limitations on granting of bail specified it) subsection (8) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail.

——————–

1. Subs. by Act No. 43 of 1993.

2. Ins. by Act No. 43 No. of 1993.

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The Terrorist and Disruptive Activities (Prevention) Act,1987

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