THE UTTAR PRADESH DACOITY AFFECTED AREAS ACT, 19831

1983 · State unknown · central · act_text

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2 · In this Act —

1 · . For Statement of Objects and Reasons, see Uttar Pradesh Gazette, Extraordinary, dated March 6, 1982 .

3 · If on receiving the report of a police officer or other information in respect of the incident of the scheduled offences 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 or parts thereof should be declared to be a dacoity affected area for the purpose of this Act, the State Government may, by notification, declare such area to be a dacoity affected area.

4 · (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 scheduled offence or in the investigation of the commission 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.

5 · (1) For the purposes of speedy trial of 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.

6 · (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force, a scheduled offence shall be triable only by a Special Court .

7 · (1) A Special Court may take cognizance of any scheduled offences,–

8 · Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—

9 · The provisions of sections 406, 407 and 408 of the Code of Criminal Procedure, 1973 shall mutatis mutandis apply for the transfer of cases from one Special Court to another Special Court.

10 · Notwithstanding anything contained in the Code of Criminal

11 · . (1) The provision of clause (a) of the proviso to subsection (2) of section 167 of the Code of Criminal Procedure, 1973 shall, in respect of a scheduled offence, apply with the modification as if a reference to one hundred and eighty days were substituted for the reference to ninety days.

12 · Whoever commits a scheduled offence against the person of a public servant or against the person of a member of his family shall —

13 · Notwithstanding anything contained in sub-section (3) of section 354 of the Code of Criminal Procedure, 1973, when the conviction under this Act 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 judgment shall state the special reasons for not awarding the death sentence.

14 · A person who commits a scheduled offence shall, if no specific punishment is provided for that offence in the Indian Penal Code and that offence is also not punishable under section 12 be punished with imprisonment which may extend to ten years and with fine.

15 · Where a person living in a dacoity affected area is found to be in possession of property in that area or elsewhere in Uttar Pradesh for which he cannot satisfactory account for and which has been acquired by or as a result of the commission of a scheduled offence shall be punished with imprisonment which may extend to seven years and with fine.

16 · Notwithstanding anything contained in sections 14 and 15 or any law for the time being in force the minimum punishment for a scheduled offence shall be imprisonment for three years.

17 · (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 15 he may make a declaration to that effect and order attachment of the property in respect of which such offence is believed to have been committed.

18 · (1) When the property is attached under section 17, the owner thereof may, within three months from 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.

19 · . (1) If the District Magistrate is not satisfied with the representation made under section 18, he shall refer the matter with 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.

20 · 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 records to the District Magistrate for execution of its order and in any other case, the property shall be ordered to be released forthwith.

26 · 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 Act.

27 · . In any trial of a scheduled offence under this Act where it is proved that —

28 · (1) No, suit, prosecution or other legal proceeding shall be 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 this Act or the rules made thereunder.

29 · The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any law for the time being in force.

30 · The State Government may, by notification, make rules to carry out the provisions of this Act.

31 · (1) The Uttar Pradesh Dacoity Affected Areas (Second) Ordinance, 1983 is hereby repealed.

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