Rajasthan Dacoity Affected Areas Act, 1986
No: 11 Dated: Feb, 26 1986
Rajasthan Dacoity Affected Areas Act, 1986
(Act No. 11 of 1986)
An Act to make provision for specifying certain offences in 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.
CHAPTER I
Preliminary
1. Short title and, commencement - (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.
2. Definition - (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 a 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 commits or has 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 coda
(2) Words and expressions used but not defined in the Act and defined in 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).
CHAPTER II
Dacoity-Affected area and Constitution of Special Courts
3. Declaration of dacoity-affected area - If in 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 or 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.
4. Person assisting the police to be public servant - (1) 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 a 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 sub-section (1) shall be conclusive proof of the facts stated therein.
5. Regulation of grant of bail - Notwithstanding 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 his 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 thirty days, may be released on bail subject to such conditions as the court may think fit to impose.
6. Constitution of Special Courts - (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 Slate Government.
Explanation - In this sub-section, the word "appoint" shall have the same 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 a special court unless he is serving as a Sessions Judge or an Additional Sessions Judge under the Code.
7. Jurisdiction of Special Cour - (1) Notwithstanding 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.