Disturbed Areas (Special Courts) Act, 1976
No: 77 Dated: Jun, 11 1976
THE DISTURBED AREAS (SPECIAL COURTS) ACT, 1976
ACT NO. 77 OF 1976
An Act to provide for the speedy trial of certain offences in certain areas and for matters connected therewith.
BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Disturbed Areas (Special Courts) Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States or for different parts thereof.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) “disturbed area” means an area declared as a disturbed area under section 3;
(c) period of disturbance, in relation to a disturbed area, means the period during which it is to be a disturbed area for the purposes of section 3;
(d) “scheduled offence” means an offence specified in the Schedule being an offence forming part or arising out of, or connected with, any such disturbance as is referred to in section 3;
(e) “Special Court” means a Special Court constituted under section 4;
(f) 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.
3. Declaration of an area as disturbed area.—(1) Where a State Government is satisfied that—
(i) there was, or
(ii) there is,
in any area within a State extensive disturbance of the public peace and tranquillity, by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities, it may, by notification in the Official Gazette, declare such area to be a disturbed area.
(2) A notification issued under sub-section (1) in respect of any area shall specify the period during which the area shall, for the purposes of this section, be a disturbed area and where the State Government is satisfied that there was such disturbance of public peace and tranquillity as is referred to in sub-section (1) in that area from any date prior to the issue of such notification, the period specified in the notification may commence from that date:
Provided that—
(a) no period commencing from a date earlier than three months before the date of publication of the notification shall be specified therein; and
(b) so much of the period specified in such notification as is subsequent to the date of publication of the notification shall not, in the first instance, exceed three months but the State Government may amend such notification to extend such period from time to time by any period not exceeding three months at any one time if in the opinion of the State Government there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1):
Provided further that where the State Government is satisfied that there is no longer such disturbance of public peace and tranquillity as is referred to in sub-section (1) in such area, it shall amend the notification issued under that sub-section in respect of that area to limit the period specified therein (whether originally or by amendment under the preceding proviso) accordingly.