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THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987

Title : THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987

Year : 1987



(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 shall 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 sub-section (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,” 1*[one hundred and eighty days] and 2*[one hundred and eighty days], respectively; and

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

(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 there under subject to the modifications that,-

(a) The reference in sub-section (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 sub-section (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 there under.

(8) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act or any rule made there under 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.

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

20A. 3*Cognizance of offence
 
(1) Notwithstanding, anything contained in the Code, no information about the commission of an offence under this Act shall be recorded by the police without the prior approval of the District Superintendent of Police.

(2) No court shall take cognizance of any offence under this Act without the previous sanction of the Inspector-General of Police, or as the case may be, the Commissioner of Police.]

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1 Subs. by Act No. 43 of 1993.

2 Subs. by Act No. 43 of 1993.

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

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(1) In a prosecution for an offence under sub-section (1) of Section 3, if it is proved:

(a) That the arms or explosives or any other substances specified in Section 3 were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature, were used in the commission of such offence; or

(b) that by the evidence of an expert the fingerprints of the accused were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence.

[2] [(c) * * *]

[3][(d) * * *]

(2) In a prosecution for an offence under sub-section 3 of Section 3, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspected of, an offence under that section, the Designated Court shall presume, unless the contrary is proved, that such person has committed the offence under that sub-section.

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

2. Clauses (c) and (d) omitted by Act No. 43 of 1993.

3. Clauses (c) and (d) omitted by Act No. 43 of 1993.

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Where a person has been declared a proclaimed offender in terrorist case, the evidence regarding his identification by witnesses on the basis of his photograph shall have the same value as the evidence of a test identification parade.




(1) 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 the naval, military or air forces or other armed forces of the Union.

(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in sub-section (1), a Designated Court shall be deemed to be a Court of ordinary criminal justice.




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 meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority.



The provisions of this Act or any rule made thereunder or any order made under any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than 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 conferred under this Act or any rules made thereunder, for anything which is in good faith done or purported to be done in pursuance of this Act or any rules made thereunder or any order issued under any such rule.



The Supreme Court may, by notification in the Official Gazette, make such rules, if any, as if may deem necessary for carrying out the provisions of this Act relating to Designated Court.




(1) 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, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) Regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient and the removal of such persons from areas.

(b) The entry into, and search of,-

(i) Any vehicle, vessel or aircraft; or

(ii) Any place, whatsoever,reasonably suspected of being used for committing the offence referred to in Section 3 or Section 4 or for manufacturing or storing anything for the commission of any such offence.

(c) Conferring powers upon,-

(i) The Central Government;

(ii) A State Government;

(iii) An Administrator of a Union Territory under Article 239 of the Constitution;

(iv) An officer of the Central Government not lower in rank than of a Joint Secretary; or

(v) An officer of a State Government not lower in rank than that of a District Magistrate,to make general or special orders to prevent or cope with terrorist acts or disruptive activities;

(d) The arrest and trial of persons contravening any of the rules or any order made thereunder;

(e) The punishment of any person who contravenes or attempts to contravene or abets or attempts to abet the contravention of any rule or order made thereunder with imprisonment for a term which may extend to seven years or for a term which may not be less than six months but which may extend to seven years or with fine or with imprisonment as aforesaid and fine;

(f) Providing for the seizure and detention of any property in respect of which such contravention, attempt or abetment as is referred to in Clause (e) has been committed and for the adjudication of such seizure and detention, whether by any court or by any other authority.




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 session, for total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.



(1) The Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (2 of 1987) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

Last updated on June, 2016

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