RAJASTHAN DACOITY AFFECTED AREAS ACT, 1986 THE RAJASTHAN DACOITY AFFECTED AREAS ACT, 1986 [Act No. 11 of 1985] [26th February, 1986] An Act to make provisions for specifying certain offences it the
dacoity affected areas of Rajasthan in order to curb effectively the commission
of scheduled offences and to make provisions for speedy trial and punishment
thereof and for the attachment of properties acquired through the commission of
such offences and for matters connected therewith or incidental thereto. Be it enacted by the
Rajasthan State Legislature in the Thirty-Sixth Year of the Republic of India
as follows:- (1)
This Act may be called the Rajasthan Dacoity Affected Areas Act,
1986. (2)
It shall be deemed to have come into force on the 23rd day of
September, 1985. (1)
In this Act, unless the context otherwise requires, (a)
"Code" means the Code of Criminal Procedure, 1973
(Central Act 2 of 1974); (b)
"dacoity-affected area" means an area declared by the
State Government as a dacoity-affected area under section 3; (c)
"scheduled offence" in. relation to a dacoity-affected
area, means an offence specified in the schedule appended to this Act including
an offence forming part of, arising out of, or connected with the commission
of, dacoity (d)
"scheduled offender" in relation to a dacoity-affected
area, means a person who committed or is a person accused of the commission of
any scheduled offence. (e)
"special court" means a special court constituted under
section 6; and (f)
"Special Judge" means a Judge appointed under
sub-section (2) of section 6 to preside over a special court. (2)
Words and expressions used but not defined in this Act and defined
in the Code shall have the meaning respectively assigned to them in the Code
or, as the case may be, in the Indian Penal Code, 1860 (Central Act XLV of
1860). Affected area-If on
receiving the report of a police officer or any other information in respect of
the incidence of scheduled offence in a district or districts or a part or
parts thereof, the State Government considers that a situation has arisen in
which the area covered by such district or districts or a part of parts thereof
should be declared to be a dacoity affected area for the purposes of this Act,
the State Government may, by Notification, declare such area to be a
dacoity-affected area. (1)
A person, who assists the police in giving information or is
engaged in assisting the police by giving information relating to the
commission of a scheduled offence or is assisting in the investigation of such
offence, shall, for the purposes of this Act, be deemed to be public servant
within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act
XLV of 1860). (2)
A Certificate issued by the Superintendent of Police to the effect
that the person mentioned therein is a person who is engaged in assisting the
police for the purposes specified in subsection (1) shall be conclusive proof
of the facts stated therein. Not with standing anything
contained in the Code, no person accused or convicted of a scheduled offence
shall, if in a custody, be released on bail or on the own bond unless- (a)
The prosecution has been given opportunity to oppose the
application for bail; and. (b)
Where the prosecution opposes the application for bail, the court
is satisfied that there are reasonable grounds for believing that he is not
guilty of such offence. Provided that a person
accused of a scheduled offence, who has been in custody for a total period of
one hundred and eighty days, may be released on bail subject to such conditions
as the court may think fit to impose. (1)
For the purpose of providing speedy trial of the scheduled
offences committed in a dacoity-affected area, the State Government may, in
consultation with the High Court, constitute, by Notification, as many special
courts as may be necessary in, or in relation to such dacoity-affected area or
areas as may be specified in such Notification. (2)
A special court shall consist of a single Judge who shall be
appointed by the Rajasthan 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 of section 9 of the Code. (3) A person shall
not be qualified for appointment as a Judge of a special court unless he is
serving as a Sessions Judge or an Additional Session Judge under the Code. (1)
Not with standing anything contained in the Code or in any other
law for the time being in force, a scheduled offence shall be triable only by a
special court. (2)
While trying any scheduled offence, the special court may also try
at the same trial any offence other than the scheduled offence with which a
scheduled offender may be charged under any law for the time being in force. (1)
A special court may take cognizance of any scheduled offence- (a)
upon receiving a complaint of facts which constitute such offence,
or (b)
upon a police report of such facts, or (c)
upon information received from any person or a police officer, or
upon its own knowledge that such offence has been committed. (2)
A special court shall, while trying a scheduled offence, follow
the procedure as prescribed by the Code for the trial of a sessions case, Provided that a 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 the court of session for trial under the provisions of the Code. (3) Save as
otherwise expressly provided in this Act, the provisions of the Indian Evidence
Act, 1872 (Central Act 1 of 1872) and the Code shall, in so far as they are not
inconsistent with the provisions of this Act, apply to the proceedings before a
special court and for the purpose of the said provisions of the Code, the
special court shall be deemed to be a court of session to be deemed person
conducting the prosecution before the 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 with, or privy to, any scheduled offence,
tender pardon to such person on the 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 principal or abettor,
with the commission there of. Any pardon so tendered shall, for the purpose a
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 prescribed by law for the offence of which such person is
convicted. A scheduled offender, who
commits the offence of murder of more than one person or a scheduled offence
against a public servant or against a member of the family of a public servant,
shall,- (a)
If such offence is punishable with death or with imprisonment for
life under the Indian Penal Code, 1860 (Central Act XLV of 1860) be awarded
such punishment as is provided for that offence in the Code, 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 the family of a public
servant shall mean his parents, spouse, sons and daughters, grand-sons and
grand-daughters and great-grand- sons and grear-grand daughters and their
spouse and shall include a person dependent on and residing with such public
servant. Notwithstanding anything
contained in sub-section (3) of section 354 of the Code, when the conviction
under this Act is made in respect or the murder of more than one person or the
murder of a public servant or a member of his family and the sentence of death
is not awarded, the judgment shall state the special reasons for not awarding
the death sentence. A person who commits a
scheduled offence shall, if no specific punishment is provided for that in the
Indian Penal Code, 1860 (Central Act XLV of 1860) and that offence is also not
punishable under section 9, be punished with imprisonment which may extend to
ten years and with fine. Where a person living in a
dacoity-affected area is found to be in possession of properties in that area
or else where in Rajasthan for which he cannot satisfactorily account for and
which has been acquired by or as a result of the commission of a scheduled
offence, he shall be punished with imprisonment which may extend to seven years
and with fine : Provided that if and when
an order of release is made 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
not to have ever existed. Notwithstanding anything
contained in sections 11 and 12 or any other law for time being in force, the
minimum punishment for a scheduled offence shall be an imprisonment for three
years. (1)
If the District Magistrate has reason to believe that a person
living in a dacoity-affected area has committed an offence punishable under
section 12, he may make a declaration to that effect and any order the
attachment of the property in respect of which offence is believed to have been
committed. (2)
The provisions of the Code shall, mutatis mutandis, apply to every
attachment made under sub-section (1). (3)
Notwithstanding anything otherwise contained in the Code, the District
Magistrate may appoint an Administrator for any property attached under
sub-section (1) and such an administrator shall have all the powers to
administer the property in the best interest of the property. (4)
The District Magistrate may provide police assistance to the
administrator for proper and effective administration thereof. (5)
The expenses incurred on the administration of the property
including the expenses relating to the police assistance provided under
sub-section (4) shall be a charge on such property. (1)
Where a property is attached under section 14, its owner may
within three months of the date of knowledge of attachment, make a
representation to the District Magistrate showing the circumstances in, and the
means by, which the property was acquired by him. (2)
If the District Magistrate is satisfied with the representation
made under sub-section (1), he may forthwith release the property from
attachment and, thereupon the property alongwith the profits, if any, after
deducting all the expenses charged on the property shall vest in the owner
thereof. (1)
If the District Magistrate is not satisfied with the
representation made under section 15, he shall refer the matter, alongwith his
report to the special court having jurisdiction for deciding whether the
property or any part thereof was or was not acquired by, or as a result of the
commission of a scheduled offence. (2)
On receipt of the reference made under sub-section (1), the
special court shall fix a date for enquiry and give notice to the person making
the representation and to the State. On the date so fixed or on any subsequent
date to which the enquiry may be adjourned, the special court shall hear the
parties, receive evidence produced by them, take such further evidence as it
may consider necessary and decide the reference. (3)
For the purposes of making enquiry under sub-section (2). the
special court shall have the powers of a civil court while trying a suit under
the Code of Civil Procedure, 1908 (Central Act V Of 1908) in respect of the
following matters, namely :- (a)
Summoning and enforcing the attendance of any person and examining
him on oath; (b)
requiring the discovery and production of documents; (c)
receiving evidence on affidavits; (d)
requisitioning any public record or copy thereof from any court or
office, (e)
issuing commissions for examination of witness or documents; (f)
dismissing the reference for default or deciding it exparte, (g)
setting aside an order of dismissal for default or an order passed
by it ex parte, or (h)
any other matter which may be prescribed. (4)
In any proceeding under this section, the burden to prove that the
property or any part thereof mentioned in the representation under section 15
was not acquired by, or as a result of, the commission of a scheduled offence
shall be on the person claiming the property notwithstanding anything contained
in the Indian Evidence Act, 1872 (Central Act 1 of 1872). If the special court finds
that the property was acquired by, or as a result of, the commission of a
scheduled offence, it shall order confiscation of the said property and shall
transmit the record to the District Magistrate for execution of its order and
in any other case the property shall be ordered to be released forthwith. Appeal to lie unless
otherwise provided-No order or decision made under this Act shall be appealable
except as hereinafter provided. Any person convicted on a
trial held by a special court under this Act may appeal to the High Court. The State Government may in
any case direct the public prosecutor to present an appeal to the High Court
from an order of acquittal made by a special court under this Act. The provisions of Chapter
XXIX of the Code shall mutatis muntandis apply to every appeal preferred under
section 19 or section 20. An appeal shall lie to the
High Court against every order of the special court made under section 17. 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 property shall be granted or
made by any court or other authority in respect of any power conferred by or
under this Act. In any trial of a scheduled
offence under this Act, where it is proved that- (a)
the accused has kidnapped or abducted any person from dacoity
affected area, it shall be presumed, unless the contrary is proved, that the
accused has kidnapped or abducted such person for ransom, or (b)
the accused has wrongfully concealed or confined any person
kidnapped or abducted from a dacoity-affected area, it shall be presumed,
unless the contrary is proved, that the accused has concealed or confined such
person knowing that such person has been so kidnapped or abducted. (1)
No suit, prosecution or other legal proceeding shall lie against
the State Government or any officer of the State Government for anything done
or intended to be done in good faith in pursuance of the provisions of this Act
or the rules made thereunder. (2)
No 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. The provisions of this Act
shall have effect, notwithstanding anything inconsistent therewith contained in
any law for the time being in force. (1)
The State Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect all or any of the provisions
of this Act. (2)
All rules made under this Act, shall be laid, as soon as may be
after they are so made, before the house of the State Legislature while it is
in session for a period of not less than thirty days which may be comprised in
one session or in two successive sessions, and if, before the expiry of the
session in which they are so laid or of the session immediately following, the
House of the State Legislature makes any modification in any such rules, or
resolves that any such rules should not be made, such rules 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 thereunder. (1)
The Rajasthan Dacoity-Affected areas Ordinance, 1985 (Ordinance
No. 7 of 1985) is hereby repealed. (2)
Notwithstanding such repeal, all things done or actions taken
under the said Ordinance shall be deemed to have been done or taken under this
Act. SCHEDULE (1)
Offences punishable under sections 216-A, 302, 303, 304, 307, 308,
311, 325, 326, 327, 329, 331, 333, 363, 364, 365, 368, 369, 386, 387, 392, 393,
394, 395, 396, 397, 398, 399, 400, 401, 402 and 511 of the Indian Penal Code,
1860 (Central Act XLV of 1860) (2)
Kidnapping or abducting any person for ransom (3)
Assembling or making preparation of attempt of kidnapping or
abducting any person for ransom. (4)
Making or mending or performing any part of the process of making
or mending, buying, selling, possessing, disposing of, supplying or carrying
arms or ammunition or explosives for the commission of dacoity. (5)
Mediating in the settlement, or standing surety for the payment of
ransom to an abductor or a kidnapper. (6)
Spying of the persons assembled before or after the commission of
dacoity or preparing to commit dacoity. (7) Receiving benefits from the persons
committing all or any of the above-mentioned offence.
Preamble - THE RAJASTHAN DACOITY AFFECTED AREAS ACT, 1986PREAMBLE