Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra
Adhiniyam, 1981
[M.P.
Act No. 36 of 1981]
[6th October, 1981]
Received the assent of the President on the 6th October,
1981; assent first published in the M.P. Gazette (Extraordinary), dated 7-10-1981.
An Act to make provision for specifying certain offences in
the dacoity and kidnapping affected areas of Madhya Pradesh and in respect of
punishments therefor and speedy trial thereof in order to curb effectively the
commission of such specified offences and to make provision for the attachment
of properties acquired through the commission of specified offences and for
matters connected therewith or incidental thereto.
Whereas for curbing the menace of organised and unorganised
gangs of dacoits affectively it is essential to break the chain of vested
interests, assisting, or associate with such gangs and to curb and control them
effectively;
And, whereas, it is essential to provide for more stringent
punishments for certain specified offences in the areas affected by dacoity and
kidnapping;
And whereas it is necessary to provide for attachment and
confiscation of huge properties which have been acquired through the commission
of specified offences and are being held in the name of relatives, associates
and confidents of the dacoits;
It is hereby enacted by the Madhya Pradesh Legislature in the
Thirty-second Year of the Republic of India as follows:
CHAPTER I
Preliminary
Section - 1. Short title and extent.
(1)
This
Act may be called the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra
Adhiniyam, 1981.
(2)
It
extends to the whole of Madhya Pradesh.
Section - 2. Definitions.
In this Act, unless the context otherwise requires,-
(a)
"Code" means
the Code of Criminal Procedure, 1973 (No. 2 of 1974);
(b)
"dacoit" in
relation to a dacoity and kidnapping affected area, means a person who commits
or has committed an offence punishable under section 395 of the Indian Penal
Code (XLV of 1860) or a specified offence, or as the case may be, a person
accused of commission of any such offence;
(c)
"dacoity
and kidnapping affected area" means an area declared as a dacoity and
kidnapping affected area under section 3;
[(cc) "kidnapping" includes
abduction].
(d)
"Special
Court" means a Special Court constituted under section 6;
(e)
"Special
Judge" means a Judge appointed under sub-section (2) of section 6, to
preside over a Special Court;
(f)
"specified
offence" means-
(i)
an
offence specified in the schedule committee in relation to an area declared
under section 3 being , an offence forming part or arising out of/or connected
with the commission of dacoity or kidnapping;
(ii)
an
offence for which punishment has been provided under section 9, 11 and 12 of
this Act;
[(iii) an offence punishable under
section 212, 216, 216-A, 311, 347, 392, 393, 394, 395, 396, 397, 398, 399, 402
and 412 of the Indian Penal Code, 1860 (XLV of 1860) committed in relation to
an area declared under section 3;
and includes abatement or
attempt to commit any of the offences specified in sub-clauses (i), (ii) and
(iii).]
(g)
words
and expressions used but not defined in this Act and defined in the Code, shall
have the meanings respectively assigned to them in the Code or as the case may
be, in the Indian Penal Code (XLV of 1860).
CHAPTER II
Declaration of Dacoity and Kidnapping Affected Area
Section - 3. Declaration of dacoity and kidnapping affected area.
If, having regard to the incidence of specified offences in a
district or districts or part or parts thereof, or on receiving the report of
the police officer or other information in respect thereof, the State
Government considers that a situation has arisen in which the area converted by
such district or districts or part or parts thereof should be declared to be a
dacoity and kidnapping affected area for the purposes of this Act, the State
Government may, by notification, declare the district or districts or part or
parts thereof specified therein, to be a dacoity and kidnapping area.
Section - 4. Person assisting the police to be public servant.
(1)
A
person who assists the police in giving information or is engaged to assist the
police for giving information relating to the commission of a specified offence
or engaged to assist in the investigation of the commission of a specified
offence shall, for the purposes of this Act, be deemed to be a public servant
within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).
(2)
A
certificate by the Superintendent of Police to the effect that the person
mentioned therein is a person who assists or is engaged to assist the police
for the purposes specified in sub-section (1) shall be conclusive proof of the
facts stated therein.
Section - [3][4A. Procedure where investigation cannot be completed in 24 hours.
(1)
Whenever any person who has been concerned,
or against whom a complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of having been so concerned, with
the commission of a specified offence, is arrested and detained in custody, and
it appears that the investigation cannot be completed within the period of
twenty-four hours fixed by Section 57 of the Code, and there are grounds for
believing that accusation or information is well founded, the officer incharge
of the police station or the police officer making investigation, if he is not
below the rank of Sub-Inspector shall forthwith transmit to the nearest
Judicial Magistrate a copy of the entries in the diary as prescribed in the
Code relating to the case, and at the same time forward the accused to such Magistrate.
(2)
The Magistrate to whom the accused person is
forwarded under sub-section (1) may, whether he has or has not the
jurisdiction, from time to time authorise detention of the accused in such
custody as such Magistrate may think fit, for a term not exceeding 15 days in
whole.
(3)
If the Magistrate at any time considers
detention of the accused unnecessary or after the expiry of the period of
detention of 15 days under sub-section (2), whichever is earlier, he shall
forward the accused alongwith all papers to the Special Judge having
jurisdiction in the matter.
(4)
On the accused being so forwarded alongwith
the police papers the Special Judge may either take cognizance of the case
treating the papers as police report under Section 8 or may pass such orders with
respect to remand as a Magistrate having jurisdiction could have passed under
the provisions of the Code.]
Section - 5. Regulation of grant of bail.
(1)
Notwithstanding
anything contained in the Code, no application for an anticipatory bail shall
be entertained by any court in respect of a dacoit.
(2)
Notwithstanding
anything contained in the Code, no application for bail of a dacoit shall he
allowed, if opposed [x x x]:
Provided that no court or Magistrate shall authorise the
detention of a person accused of a specified offence in custody during the
course of investigation for a period exceeding 120 days and on the expiry of
such period [in the event of the police report under
sub-section (2) of Section 173 of the Code being not filed,] the accused shall be released forthwith if he is
prepared to and does furnish bail.
Section - 6. Constitution of Special Courts.
(1)
For
the purposes of providing speedy trial of specified offences committed in a
dacoity and kidnapping affected areas, the State Government may in consultation
with the High Court, constitute as many Special Courts as may be necessary in
or in relation to such dacoity and kidnapping affected area or areas as may be
specified in the notification.
[(1-A) Where two or more Special Courts are constituted
for any dacoity and kidnapping affected area or areas, the State Government
may, in consultation with the High Court, by general or special order, regulate
the distribution business among them, including the power of remand.]
(2)
A
Special Court shall consist of a single Judge who shall be appointed by the
High Court upon a request made by the State Government.
Explanation. - In this sub-section, the word
"appoint" shall have the meaning given to it in the Explanation to
section 9 of the Code.
(3)
A
person shall not be qualified for appointment as a judge of Special Court
unless he is a serving Sessions Judge or Additional Sessions Judge under the
Code.
[(4) In the event of a Special Judge being absent
on leave or being prevented from performing his duties by illness or other
cause, any one of the Additional Sessions Judge in the sessions division as may
be directed by the Sessions Judge in this behalf, shall dispose of emergent
matters, that may come up before the Special Judge until the Special Judge resumes
his duties and for this purposes the Additional Sessions Judge so directed
shall notwithstanding anything contained in this Act be deemed to be a Special
Judge.]
Section - 7. Jurisdiction of Special Courts.
(1)
Notwithstanding
anything contained in the Code, or any other law for the time being in force a
specified offence shall be triable only by a Special Court.
(2)
In
trying any specified offence, a Special Court may also try any offence other
than the specified offence with which the dacoit may, under the Code, be
charged at the same trial, if the offence is connected with the specified
offence.
Section - 8. Procedure and powers of Special Courts.
(1)
A
Special Court may take cognizance of any specified offence,-
(a)
upon
receiving a complaint which constitutes such offence; or
(b)
upon a
police report of such facts; or
(c)
upon
information received from any person other than a police officer, or upon its
own knowledge, that such offence has been committed.
(2)
A
Special Court shall, in trial of a specified offence, follow the procedure
provided by the Code for trial of Session cases :
Provided that the Special Court may wherever necessary
perform the functions of a Magistrate under section 207 of the Code and proceed
to try the case as if the case had been committed to court of session for trial
under the provisions of the Code.
(3)
Save
as otherwise expressly provided in the Act the provisions of the Evidence Act,
1872 (No. 1 of 1872) and the Code shall, in so far they are not inconsistent
with the provisions of this Act, apply to the proceedings before a Special
Court and for the purposes of the said provisions of the Code, the Special
Court shall be deemed to be a Court Session and the person conducting the
prosecution before a Special Court shall be deemed to be a public prosecutor.
(4)
A
Special Court may, with a view to obtaining the evidence of any person
suspected to have been directly or indirectly concerned in, or privy to, any
specified offence, tender a pardon to such person on condition of his making a
full and true disclosure of the whole circumstances within his knowledge
relating to the offence and to every other person concerned whether as a
principal or a better in the commission thereof and any pardon so tendered
shall for the purposes of section 308 of the Code, be deemed to have been
tendered under section 307 thereof.
(5)
A
Special Court may pass upon any accused person convicted by it any sentence
authorised by law for the punishment of offence of which such person is
convicted.
CHAPTER III
Offences and Penalty
Section - 9. Punishment for offences against public servant.
A dacoit who commits murder of more than one person [or an offence against the person or property of a
public servant or against the person or property of a member of his family] shall,-
(a)
if
such an offence is punishable with death or with imprisonment for life under
the Indian Penal Code (XLV of 1860), be punished with punishment provided for
that offence in the Indian Penal Code (XLV of 18601; and
(b)
in
other cases, be punished with imprisonment which may extend to ten years and
with fine.
Explanation. - For the purposes of this section and
section 10, a member of family of a public servant shall mean his parents,
spouse, sons and daughters, grand-sons and grand-daughters and great grand-sons
and great grand-daughters and their spouses and shall include a person
dependent on and residing with him.
Section - 10. Reasons to be recorded for not awarding punishment of death.
Notwithstanding anything contained in sub-section (3) of section
354 of the Code, when the conviction is for the murder of more than one person
or murder of a public servant or a member of his family and where the sentence
of death is not awarded, the judgement shall state the special reasons for not
awarding the death sentence.
Section - 11. Punishment for specified offences generally.
A dacoit who commits a specified offence shall, if no
specific punishment is provided for that Act in the Indian Penal Code (XLV of
1860) and that act is also not punishable under section 9, be punished with
imprisonment which may extend to ten years and with fine.
Section - 12. Punishment for possessing property not satisfactorily accounted for.
A person living in a dacoity and kidnapping affected area and
possessing property in that area or elsewhere for which he cannot
satisfactorily account for shall be guilty of an offence and shall be punished
with imprisonment which may extend to seven years and with fine;
Provided that if and when an order of release is passed by
the Special Court under section 17, the accused shall, whatever be the stage of
trial, be discharged and shall be released forthwith if he is under custody and
his conviction, if any, shall be deemed as honest.
Section - 13. Minimum period of imprisonment.
Notwithstanding anything contained in section 11 and 12 or
any other law for the time being in force, minimum punishment with which a
specified offence shall be punished shall be imprisonment for three years.
Section - [9][13A. Presumption in case of possession, etc. of prohibited arms and prohibited ammunition in contravention of Arms Act, 1959.
If any person manufactures,
mends, buys, sells or possesses prohibited arms or prohibited ammunition in
contravention of the provisions of the Arms Act, 1959 (No. 54 of 1959) it shall
be presumed that he manufactures, mends, buys, sells or possesses the same for
the commission of a specified offence.
Explanation. - In this
section the expression "prohibited arms" and "prohibited
ammunition" shall have the meanings respectively assigned to them in the
Arms Act, 1959 (54 of 1959).]
CHAPTER IV
Attachment of Property
Section - 14. Attachment of property.
(1)
If
the District Magistrate has reason to think that person living in a dacoity and
kidnapping affected area holds property in that area or elsewhere or if a
person living outside dacoity and kidnapping affected area holds property in
the dacoity and kidnapping affected area, for which he cannot satisfactorily
account for, he may make a declaration to that effect and order attachment of
the said property.
(2)
On
attachment of the property under sub-section (1), the provisions of the Code
shall apply thereto.
(3)
Notwithstanding
the provisions of the Code, the District Magistrate may, in lieu of surety,
appoint an administrator who shall have all the powers to administer the
property as he deems fit in the best interests of the property.
(4)
The
District Magistrate may provide police help to the Administrator for proper and
effective administration of the property.
(5)
The
expenses incurred on the administration of the property, including on the
assistance by the police shall be a charge on the property.
Section - 15. Release of property.
(1)
When
the property is attached under section 14, the owner thereof may, within three
months of the date of knowledge of attachment, make a representation to the
District Magistrate, showing the circumstances and the means by which the
property was acquired by him.
(2)
If
the District Magistrate is satisfied with the representation, he may forthwith
release the property from attachment and thereupon the property alongwith mesne
profits after deducting all expenses charged on the property shall vest in the
owner thereof.
Section - 16. Inquiry into the character of acquisition of property by Special Courts.
(1)
If
the District Magistrate is not satisfied with the representation made under
sub-section (1) of section 15, he shall send the matter with his report to the
Special Court having jurisdiction for deciding whether or not the property or
part thereof was or was not acquired through the commission of a specified
offence.
(2)
The
Special Court shall, in deciding the matter referred to it under sub-section
(1), have all the powers of a civil court while trying a suit under the Code of
Civil Procedure, 1908 (V of 1908).
(3)
In
any proceeding under this section, the burden of proving that the property or
part thereof mentioned in the representation was not acquired [through the commission of a specified offence] shall be on the person claiming the property,
notwithstanding anything contained in the Evidence Act, 1872 (No. 1 of 1872).
Section - 17. Decision of Special Court and consequences thereof.
If the Special Court finds that the property was
acquired [through the commission of a specified offence], he shall order confiscation of the said property and
shall transmit the records to the District Magistrate for execution of his
order and in any other case, the property shall be ordered to be released
forthwith.
Section - 18. Appeal.
An appeal shall lie to the High Court against every decision
of the Special Court made under section 17.
Section - 19. Bar of jurisdiction.
No order passed or no decision made under this Act shall be
appealable except as provided therein and no civil court shall have jurisdiction
in respect of any matter which the Special Court is empowered by or under this
Act to determine and no injunction or interlocutory order interfering with the
attachment or confiscation of the property shall be granted by any court or
other authority in respect of any action taken or to be taken in pursuance of
any power conferred by or under this Chapter.
CHAPTER V
Miscellaneous
Section - 20. Protection of action taken in good faith.
(1)
No
suit, prosecution or other legal proceeding shall lie against the State
Government or any officer of the State Government for any thing done or
intended to be done in good faith in pursuance of this Act or the rules made
thereunder.
(2)
No
suit or prosecution against an Administrator appointed under sub-section (3) of
section 14 shall be instituted unless previous sanction of the District
Magistrate has been obtained therefor.
Section - 21. Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any law for the time being in
force.
Section - 22. Power to make rules.
(1)
The
State Government may, by notification, make rules to carry out the provisions
of this Act.
(2)
All
rules made under this section shall be laid on the Table of the Legislative
Assembly.
Section - 23. Repeal.
The Madhya Pradesh Dakaiti Prabhavit Kshetra Adhyadesh, 1981
(No. 5 of 1981) is hereby repealed.
The
Schedule
[See Section 2 (f)]
(i) ???Offences punishable under sections [xxx] 302,
303, 304, 307, 308, 325, 326, 327, 329, 331, 333, 363, 364, 365, 368, 369, 386,
387, 400 and [435] of
the Indian Penal Code, 1860 (XLV of I860)];
(ii) ??kidnapping or abduction for ransom;
(iii) ??assembly, preparation or attempt for
kidnapping or abducting a person for ransom;
(iv) ??making mending or performing any part of the
process of making or mending, buying, selling, disposing of or carrying or
processing arms or ammunition or explosive. [x
x x]
(v) ???supplying food materials, clothings, means
of communication, transport and other articles to the persons assembled before
or after the commission of dacoity or preparing to commit dacoity;
(vi) ???mediating in the settlement or standing
surety for the payment of ransom to an abductor or a kidnapper;
(vii) ?spying for the persons assembled before or
after the commission of dacoity or preparing to commit dacoity;
(viii) receiving benefits from the
persons committing all or any of the above mentioned offences.
Notifications
(i) ?? [Notification No. 1-7-81-B-XXI, dated the 19th May,
1981.] - In exercise of the powers
conferred by sub-section (1) of section 6 of the Madhya Pradesh Dakaiti
Prabhavit Kshetra Adhyadesh, 1981 (No. 5 of 1981), the State Government, in
consultation with the High Court of Madhya Pradesh hereby constitutes the
Special Courts specified in column (2) of the Schedule below in relation to
this dacoit affected areas as specified in the corresponding entries in column
(3) of the said Schedule.
Schedule
|
S.No.
|
Special Courts
|
Areas
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Special Court, Morena
|
Revenue District, Morena.
|
|
2.
|
Special Court, Bhind
|
Revenue District, Bhind.
|
|
3.
|
Special Court, Gwalior
|
Revenue District, Bhind, Gwalior and Datia.
|
|
4.
|
Special Court, Datia
|
Revenue District, Datia
|
|
5.
|
Special Court, Shivpuri
|
Revenue District, Shivpuri.
|
|
6.
|
Special Court, Guna
|
Revenue District, Guna.
|
|
7.
|
Special Court, Sagar
|
Revenue District, Sagar.
|
|
8.
|
Special Court, Damoh
|
Revenue District, Damoh
|
|
9.
|
Special Court, Tikamgarh
|
Revenue District, Tikamgarh.
|
|
10.
|
Special Court, Chhatarpur
|
Revenue District, Chhatarpur
|
|
11.
|
Special Court, Panna
|
Revenue District, Panna.
|
(ii) ?? [Notification No. F 14(a)-8-81-B(i)-H, dated the
18th November, 1984.] - In exercise of the
powers conferred by Section 3 of the Madhya Pradesh Dakaiti Aur Vyapharan
Prabhavit Kshetra Adhiniyam, 1981 (No. 36 of 1981), the State Government hereby
rescinds this Department Notification No. F 14(a)-8-81-B(i)-II, dated the 23rd
April, 1981 and No. F. 14(a)-8-81-B(i),-II, dated the 23rd April, 1982* with
immediate effect.
(iii) ? [Notification No. A-3697-III-6-4-81-II, dated 23rd
May, 1998.] - In exercise of the powers
conferred by sub-section (6) of Section 6 of the M.P. Dakaiti Aur Vyapharan
Prabhavit Kshetra Adhiniyam, 1981 (No. 5 of 1981) and; in Supersession of High
Court Notification No. B-5735-III-6-4-81-II, dated 4th August, 1995 the High
Court of M.P. appoints the following Additional Sessions Judge specified in
column No. (2) of Schedule given below and for the related areas specified in
corresponding entry appearing in column No. (3) of the said schedule, as
presiding officers of Special Courts mentioned in Column No. (4) thereof and as
established by the State Government vide Law & Legislative Affairs
Department Notification No. 1-7- 81-B-XXI, dated 19-5-1981 and from the
Respective dates as assumption of charge as such Presiding Officers by them,
namely:-
Schedule
|
S. No.
|
Name and Designation of Presiding Officer appointed for
the Special Court
|
Area for which appointment made in Special Court
|
Name of the Special Courts established by the State
Government.
|
|
1
|
2
|
3
|
4
|
|
1
|
Shri Lakhan Singh Additional Sessions Judge, Gwalior
|
Revenue District Gwalior
|
Special Court Gwalior
|
|
2
|
Shri Awadesh Kumar Shrivastava, Additional Sessions
Judge, Morena
|
Revenue District Morena
|
Special Court Morena
|
|
3
|
Shri S.R. Nag Additional Sessions Judge, Bhind
|
Revenue District Bhind
|
Special Court, Bhind.
|
|
4
|
Smt. Kumud Bala Barna, Additional Sessions Judge, Guna
|
Revenue District Guna
|
Special Court, Guna.
|
|
5
|
Shri Purushottam Bhatt, Additional Sessions Judge,
Tikamgarh
|
Revenue District, Tikamgarh
|
Special Court, Tikamgarh.
|