THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987

Year : 1987

PART I
PRELIMINARY

Section -1 Short title, extent, application, commencement, duration and savings

(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 also:

(a) To citizens of India outside India;

(b) To persons in the service of the Government, wherever they may be; and

(c) To persons on ships and aircraft registered in India, wherever they may be.

(3) Sections 5, 15, 21 and 22 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 24th day of May, 1987.

(4) It shall remain in force for a period of 1*[eight years] from the 24th day of May, 1987, but its expiry under the operation of this sub-section shall not affect,

(a) The previous operation of, or anything duly done or suffered under, this Act or any rule made thereunder or any order made under any such rule, or

(b) Any right, privilege, 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, forfeiture or punishment incurred in respect 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

(d) Any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not expired.

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1 Subs. by Act No. 35 of 1991, for “four years”, (w.e.f. 2-5-1991) and again subs by Act No. 43 of 1993, for “six years”.

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Section -2 Definitions

(1) In this Act, unless the context otherwise required,-

(a) “Abet,” with its grammatical variations and cognate expressions, includes,-
 
(i) The communication or association with any person or class of persons who is engaged in assisting in any manner terrorists or distribution of, any document or matter obtained from terrorists or disruptionists;

(ii) The passing on, or publication of, without any lawful authority, any information likely to assist the terrorists or disruptionists, and the passing on, or publication of, or distributionists;

(iii) The rendering of any assistance, whether financial or otherwise, the terrorists or disruptionists;

(b) “Code” means the Code of Criminal Procedure 1973 (2 of 1974)

(c) “Designated Court” means a Designated Court constituted under Section 9;

(d) “ Disruptive activity” has the meaning assigned to it in Section 4, and the expression “disruptionist” shall be construed accordingly;

(e) “High Court“ means the High Court of the State in which a judge or an additional judge of a Designated Court was working immediately before his appointment as such judge or additional 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 Additional Public Prosecutor or a Special Public Prosecutor appointed under Section 13, and includes any person acting under the directions of the Public Prosecutor;

(gg) “Property“ means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived or obtained from the terrorist Act and includes proceeds of terrorism;]

(h) “Terrorist act“ has the meaning assigned to it in sub-section (1) of Section 3, and the expression “terrorist” shall be construed accordingly;

(i) Words and expressions used but not defined in this Act and defined in the Code shall have the meaning respectively assigned to them in the Code.

(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment 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.