10. Removal of person likely to commit offence.—(1) Where the Special Court is satisfied, upon a
complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in
any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article 244 of the Constitution,
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[or any area identified under the provisions of clause (vii) of sub-section (2) of section 21], it may, by
order in writing, direct such person to remove himself beyond the limits of such area, by such route and
within such time as may be specified in the order, and not to return to that area from which he was
directed to remove himself for such period, not exceeding 4
[three years], as may be specified in the order.
(2) The Special Court shall, along with the order under sub-section (1), communicate to the person
directed under that sub-section the grounds on which such order has been made.
(3) The Special Court may revoke or modify the order made under sub-section (1), for the reasons to
be recorded in writing, on the representation made by the person against whom such order has been made
or by any other person on his behalf within thirty days from the date of the order.
1. Subs. by Act 1 of 2016, s. 6, for “any financial assistance to a person accused of” (w.e.f. 26-1-2016).
2. Ins. by s. 6, ibid. (w.e.f. 26-1-2016).
3. Ins. by s. 7, ibid. (w.e.f. 26-1-2016).
4. Subs. by s. 7, ibid., for “two years” (w.e.f. 26-1-2016).
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11. Procedure on failure of person to remove himself from area and enter thereon after
removal.—(1) If a person to whom a direction has been issued under section 10 to remove himself from
any area—
(a) fails to remove himself as directed; or
(b) having so removed himself enters such area within the period specified in the order,
otherwise than with the permission in writing of the Special Court under sub-section (2), the Special
Court may cause him to be arrested and removed in police custody to such place outside such area as the
Special Court may specify.
(2) The Special Court may, by order in writing, permit any person in respect of whom an order under
section 10 has been made, to return to the area from which he was directed to remove himself for such
temporary period and subject to such conditions as may be specified in such order and may require him to
execute a bond with or without surety for the due observation of the conditions imposed.
(3) The Special Court may at any time revoke any such permission.
(4) Any person who, with such permission, returns to the area from which he was directed to remove
himself shall observe the conditions imposed, and at the expiry of the temporary period for which he was
permitted to return, or on the revocation of such permission before the expiry of such temporary period,
shall remove himself outside such area and shall not return thereto within the unexpired portion specified
under section 10 without a fresh permission.
(5) If a person fails to observe any of the conditions imposed or to remove himself accordingly or
having so removed himself enters or returns to such area without fresh permission the Special Court may
cause him to be arrested and removed in police custody to such place outside such area as the Special
Court may specify.
12. Taking measurements and photographs, etc., of persons against whom order undersection
10 is made.—(1) Every person against whom an order has been made under section 10 shall, if so
required by the Special Court, allow his measurements and photographs to be taken by a police officer.
(2) If any person referred to in sub-section (1), when required to allow his measurements or
photographs to be taken, resists or refuses to allow the taking of such measurements or photographs, it
shall be lawful to use all necessary means to secure the taking thereof.
(3) Resistance to or refusal to allow the taking of measurements or photographs under sub-section (2)
shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860).
(4) Where an order under section 10 is revoked, all measurements and photographs (including
negatives) taken under sub-section (2) shall be destroyed or made over to the person against whom such
order is made.
13. Penalty for noncompliance of order under section 10.—Any person contravening an order of
the Special Court made under section 10 shall be punishable with imprisonment for a term which may
extend to one year and with fine.