Amendment status not verified — confirm the current text below against the official source.
Mischief causing damage to property due to direct action : (1) Whoever commits mischief in respect of any property due to direct action, whether declared or not shall be punished with imprisonment which shall not be less than two years but which may extend to seven years. (2) Whosoever commits mischief under sub-section (1) by fire or explosive substance shall be punished with rigorous imprisonment for a term which shall not be less than four years but which may extend to ten years. Provided that the court may for special reasons to be recorded in the Court Judgement award a sentence of imprisonment for a term of less than two years or four years under Sub-section (1) and (2) above respectively. Provided further that no person shall be guilty of an offence under Section 6 of the Act, if he proves that- (i) he was in no way connected with the action called by his organization, society, trust, NGO, association, union or any party whether social, religious or political as the case may be; or (i) he has taken all reasonable measures to prevent causing damage to property in the direct action called by his organization, society, trust, NGO, association, union or any party whether social, religious or political as the case may be. Provisions regarding videography or photography of mischief committed under this Act : (1) Ifthe officer in charge of a police station or other law enforcing agency is of opinion that any mischief, has the potential of causing destruction of or damage to property, he shall avail himself of the services of videographers or photographers. (2) Ifthe police officer, who has the responsibility to act on the information, has reason to apprehend that such mischief has the potential of causing destruction of or damage to property, he shall immediately avail himself of the services of any videographer/photographer to accompany him or any other police officer deputed by him to the site or any other place wherefrom video shooting/photography can conveniently be arranged concentrating on the person(s) indulging in any mischief causing destruction of or damage to any property. (3) Nosooner than the mischief subsides, the police officer concerned shall produce the original tapes or CDs or other material capable of displaying the recorded evidence before the nearest Magistrate, who shall entrust such material to the custody of the officer-in-charge of the concerned police station for production of the same before the trial court or competent authority as prescribed under sub- section (1) of Section 17 at the appropriate stage or as and when called for. (4) The photographic or videographic material recorded by any individual of such mischiefs as referred to in sub-section (1), (2) and (3) above can also be considered by the magistrate subject to the authenticity of such photographic or videographic material Special provision regarding evidence : Notwithstanding anything contained in any other law for the time being in force, the videographic or photographic version of the mischief recorded on the spot, shall be considered as sufficient evidence of the offence committed and the damage or loss caused to the property. Offences to be non-bailable and special provision regarding bail : (1) The offences committed under this Act shall be non-bailable. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), no person accused or convicted of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond, unless the presecution has been given an opportunity to oppose the application for such release. Offences to be cognizable : The offences committed under this Act shall be cognizable. Presumption as to causing damage or loss to property or abetting thereof - When the question is whether a person has caused damage or loss to any property and has committed offence under section 3, 4, 5 and 6 of this Act, the court may presume having regard to participation of accused or indirect or direct involvement of accused in the commission of offence and all the other circumstances of the case, that such offence has been committed or abetted, as the case may be, by such person Abetment of offences under this Act : Whosoever is guilty of abetment of an offence under this Act shall be punished in the same manner as if he had committed such an offence. 4 The Arunachal Pradesh Extraordinary Gazette, March 16, 2020