1 Short title, extent, application, commencement, duration and savings
This Act may be called the Terrorist and Disruptive Activities (Prevention) Act, 1987. It extends to the whole of India, and it applies also, — to citizens...
2 Definitions
In this Act, unless the context otherwise required, — “abet,” with its grammatical variations and cognate expressions, includes, — the communication or ...
3 Punishment for terrorist acts
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 s...
4 Punishment for disruptive activities
Whoever commits or conspires or attempts to commit or abets, advocates, advises, or knowingly facilitates the commission of, any disruptive activity or a...
5 Possession of certain un authorized arms, etc. in specified areas
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 I to the Arms Rules,...
6 Enhanced penalties
If any person with intent to aid any terrorist or disruptionist, contravenes any provision of, or any rule made under the Arms Act, 1959, the Explosives Act...
7 Conferment of powers
Notwithstanding anything contained in the Code or in any other provision of this Act, the Central Government may, if it considers it necessary or expedie...
7A. Powers of investigating officers
If an officer investigating an offence committed under this Act has reason to believe that any property in relation to which an investigation is being cond...
8 Forfeiture of property of certain persons
Where a person has been convicted of any offence punishable under this Act or any rule made there under, the Designated Court may, in addition to awardin...
9 Designated Courts
The Central Government or a State Government may, by notification in the Official Gazette, constitute one or more Designated Courts for such area or areas,...
10 Place of sitting
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 f...
11 Jurisdiction of Designated Courts
Notwithstanding anything contained in the Code, every offence punishable under any provision of this Act or any rule made there under shall be triable only ...
12 Power of Designated Courts with respect to other offences
When trying any offence, a Designated Court may also try any other offence with which the accused may, under the Code, be charged at the same trial if th...
13 Public Prosecutors
For every Designated Court, the Central Government or, as the case may be, the State Government, shall appoint a person to be the Public Prosecutor and m...
14 Procedure and powers of Designated Courts
A Designated Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which cons...
15 Certain confessions made to police officers to be taken into consideration
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 person be...
16 Protection of witnesses
. .-  1.     [Notwithstanding anything contained in the Code, the proceedings under this Act may be held in camera if the Designated Court so desires.]2.     ...
17 Trial by Designated Courts to have precedence
- The trial under this Act of any offence by a Designated Court shall have precedence over the trial of any other case against the accused in any other court...
18 Power to transfer cases to regular courts
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...
19 Appeal
Notwithstanding anything contained in the Code, an appeal shall lie as a matter of right from any judgment, sentence or order, not being an interlocutory...
20 Modified application of certain provisions of the Code
Notwithstanding anything contained in the Code or any other law, every offence punishable under this Act or any rule made there under shall be deemed to be...
20A. Cognizance of offence
(1) under this Act shall be recorded by the police without the prior approval of the District Superintendent of Police. No court shall take cognizance of a...
21 Presumption as to offences under Section 3
In a prosecution for an offence under sub-section (1) of Section 3, if it is proved, — that the arms or explosives or any other substances specified in S...
22 Identification of accused
Where a person has been declared a proclaimed offender in terrorist case, the evidence regarding his identification by witnesses on the basis of his photogr...
23 Saving
Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any Court or other authority under any law relating to t...
24 Saving as to orders
Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall, within the me...
25 Overriding effect
The provisions of this Act or any rule made there under or any order made under any such rule shall have effect notwithstanding anything inconsistent therewi...
26 Protection of action taken under this Act
No suit, prosecution or other legal proceeding shall lie against the Central Government or State Government or any other authority on whom powers have been ...
27 Power of the Supreme Court to make rules
. – 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...
28 Power to make rules
Without prejudice to the powers of the Supreme Court to make rules under Section 27, the Central Government may, by notification in the Official Gazette, ...
29 Rules to be laid before Houses of Parliament
Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in ...
30 Repeal and Saving
The Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (2 of 1987) is hereby repealed. Notwithstanding such repeal, anything done or any actio...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!