20. Modified application of certain provisions of the Code .- (1) Nothwithstanding 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
subsection (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 or 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 8[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 thereunder subject to the modifications that -
a. the reference in sub-section(1) thereof –
1. to "the State Government" shall be construed as a reference to "the Central
Government or the State Government";
2. 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 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
bond unless, –
1. the Public Prosecutor has been given an opportunity to oppose the application for such release,
and
2. 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.
[20-A. 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.]
21. Presumption as to offences under Section 3 – (1) In a prosecution for an offence under
sub-section (1) of Section 3, if it is proved –
1. 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 similar nature, were used in the commission of such offence; or
2. 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.
3. [* * *]
4. [* * *]
(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.
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
photograph shall have the same value as the evidence of a test identification parade.
23 . Saving – (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.
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
meaning of the Indian Evidence Act, 1872, presume that such order was so made by that
authority.
25.Overriding effect – 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.
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 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.
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 Act relating to Designated Court.
28 . Power to make rules – (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.
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 session, for a 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 affect 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.
30 . Repeal and Saving - (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.