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The Terrorist and Disruptive and Activities (Prevention) Act, 1987

20. Modified application of certain provisions of the Code. -

  1. Notwithstanding anything contained in the Code or any other law, every offence punishable under this Act or any rule made there under 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 there under 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 there under, subject to the modification that the reference in sub-section (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 there under subject to the modifications that, -
  1. the reference in sub-section (1) thereof to "Judicial Magistrate” shall be construed as a reference to Judicial Magistrate of Executive Magistrate or Special Executive Magistrate;
  2. 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,” [8][one hundred and eighty days] and [9][one hundred and eighty days], respectively; and

bb   sub-section (2-A) thereof shall be deemed to have been omitted.

bbb [10][(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.]

  1. Section 268 of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made there under subject to the modifications that, -
  1. 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
  1. 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”

  1. 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.
  2. 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 there under.
  3. Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act or any rule made there under 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.
  1. 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.

Comments

Change of custody - Accused in judicial custody - Can be transferred to police custody within time limit prescribed in Section 167(2) of Cr.P.C. and section 20 of TADA, Act. Kosanapu ramreddy v. State of Andhra Pradesh and others. 1994 Cri.L.J. 2121 = AIR 1994 SC 1447 = 1994 AIR SCW 885 (SC)

Bail - Conditions for grant of bail specified under sub-section (8) of Section 20 of the T.A.D.A. Act are in addition to those under the Criminal Procedure Code. Union of India v. Mohd. Sadiq Rather. 1993 Cri.L.J. 72 AIR 1993 SC 379 = 1993(1)SCC 8 = 1992 Supp JT 662(SC)

Bail - Modified application of certain provisions of the Code - Exercise of Central Review Committee pursuant to the directions of the Supreme Court - Chief Special Public Prosecutor filed petition to implement the decision of Committee supplemented by CBI - Held: - The learned Designated Court did not examine the matter in proper perspective while rejecting bail - Petition for bail did not merit rejection - Appellant released on bail with conditions. Sanjay Dutt v. State of Maharashtra. 1996 Cr.R. 81 (S.C)



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