The Terrorist Affected Areas (Special Courts) Act, 1984
🏛️ The Terrorist Affected Areas (Special Courts) Act, 1984
Purpose and Objective
The Act was enacted to establish special courts for the speedy trial of certain offenses committed in areas affected by terrorism and insurgency. These special courts are designed to deal efficiently with cases involving terrorism-related crimes to curb delays and ensure justice.
📌 Key Provisions
1. Establishment of Special Courts (Section 3)
The Central Government or the State Government may, by notification, establish Special Courts in areas affected by terrorism or insurgency.
These courts have jurisdiction to try offenses specified under the Act committed in such areas.
2. Jurisdiction of Special Courts (Section 4)
Special Courts try all offenses relating to terrorist activities and other specified crimes committed in the declared areas.
The courts try offenses exclusively under this Act and related laws such as the Unlawful Activities (Prevention) Act, etc.
3. Procedure and Powers (Section 5)
Special Courts follow the procedure as laid down in the Code of Criminal Procedure, 1973.
However, the Act provides certain procedural modifications for speedy trial.
4. Powers to Summon and Enforce Attendance (Section 6)
The Special Courts have powers similar to regular criminal courts to summon witnesses, enforce attendance, etc.
5. Appeals and Revisions (Section 7)
Appeals against convictions or sentences passed by Special Courts lie to the High Court or other specified appellate authorities.
6. Definition of Terrorist Affected Areas (Section 2)
The Central Government designates areas affected by terrorism or insurgency via notification.
⚖️ Significance
The Act was enacted in the backdrop of rising terrorism and insurgency during the 1980s.
It aimed to facilitate speedy justice by creating courts specialized in handling terrorism-related offenses.
Reduces backlog in regular courts by diverting such cases to Special Courts.
Ensures focus on national security-related offenses with a dedicated judicial mechanism. Do write to us if you need any further assistance.
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