Bare ActsThe Bihar Control of Crimes Act, 2024

Section 2

Defination

Amendment status not verified — confirm the current text below against the official source.

Defination. - In this Act, unless the context otherwise requires_ a. "acting in any manner prejudicial to the maintenance of public order,, means a person is engaged, or is making preparations for engaging, in any of his activities as anti_social etemen[, which affects aOr"e.Jefy-, o. are likely to affect adversely the maintenance of public order, Explanation: - For the purpose of this sub_section, public order shall be deemed to have been affected adversely, or shall be deemed fif<efy to be affected adversely, inter alia, if any of the activities of any of the persons referred to in sub-section (b) direcuy or indirecfly, is'causinj or calculated to cause any harm, danger or alarm or a feefing oi insecurity, among the general public or iny section thereof or a giave or widespread dano-er to life or public health or ecological syste-m oi disturb the life of the community thereby resulti-ng in' tosi of confidence in administration b. "Anti-social element,, means a person who i. commits, or attempts to cornmit or abets the commission of any offence punishable under chapter XVI or Chapter XVII of the Indian penal Code; or ii. commits or abets the commission of, any offence connected with trafficking in women and chirdren under the Immorar Traffic ( prevention) Act, 1956; or iii. commits or abets the commission of any offence under the Protection of Children from Sexual Offences Ac.,201.2; ot iv. by words or otherwise promotes or attempts to promote on grounds of religion, race, language. caste or community or any other grounds whatsoever, feelings of enmity or hatred'between different religions, racial or language groups or castes; or v. has been found passing indecent remlrks to, or teasing women or girls; or vi, has been declared as a Goonda as per provisions of Bihar police Manual, 1978; or vii. commits or attempts to commit or abets the commission of offence of manufacturing or selling or transporting or transferring or illicit fr6n rrq" (rr<tur<q). fiqd, 2024 11 d. trafficking or converting or repairing or testing or proving any firea,rm or ammunition, or being mJmb"r of ari organised crime syndicate or any person on its behalf possesses o, cirrie, fi."u., or firearms or ammunition in contravenuon to the provisions of the Arms Act, 1959. Explanation-1: For the purpose of this sub_section, ,,illicit trafficking,, means the acquisition, sale, delivery, movement or transfer of firearms and ammunition into, from oi within the teriitory of India, if the firearms and ammunition are not marked in accordance with the provisions of the Arms Act. 1959 or are being trafflcked in contravention of the provisions of the said Act incluiing smuggled firearms of foreign make or prohibited arms and prohi-b-ited ammunition. Explanation-2: For the purpose of this sub_section, ..organ,zed crime syndicat€".means a group of two or more personi who, acting either singly or collectively, as a syndicate or gang induiging ii activities of organized crime. Explanation-3: "Organized crime,, means any continuing unlawful activity by any person, singly or collectively, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other- unlawful means, with the objective of gaining pecuniary benefits. or gaining undue economic or other advintage for himself or any person; or viii.commits or attempts to commit or abets the commission of any offence in respect of sand, punishable under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) or under the Bihar f,4inerals (Cbncession and prevention of Illegal lvllning, Transport and Storagej Rules, 2019 or any other law for the time being in force; or ix. distills, manufactures, stores, transports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Bihar Excise & prohibition Act, 2016; Narcotics Drugs and psychotropic Substances Act, 1985, as amended from time to time or any other law prohibiting such activities for the time being in force, and the ruies, notificauons and orders made thereunder, or in contravention of iny other law for the time being in force, or who knowingly expends or applies any money or supplies any animal, vehicle. vessel or other conveyance or any receptacle or any other material whatsoever in furtherance or support of the doing of any of the above mentioned things by or through any other person, or who abets in any other manner the doing of any such thing; or x. commits or attempts to commit or abets the commission of any offence, punishable under Chapter XI of the Information Technology Act, 2000 (Central Act 2t of 2OO0); or xi. either by hlmself or as a member of or leajer of a gang illegally and unauthorisedly, by use of force or threat or b-y any olhei unlawful means, takes possession or attempts to take possession of any land or house or any other property whether belonging to .. the Government, local authority or any other person. "Commissioner" means the Commissioner of a Division and lncludes any officer specially empowered by the State Government to exercise all or any of the powers of Commissioner under this Act. "Detention order" means an order of detention made under Section 12 of this Act. t2 frtn 'rqc (ortlqrrq), u qrd, zozt e, District Magistrate,, includes an Additional District Magistrate or other_officer specially empowered by the State Goveinment in behalf. any th is f, The phrase "commits an offence,, wherever used in relation to an anti_ social element in this Act. means a person, against whom, during twenty-four months immediately preceding the cJmmencement of any action under this Act, not less than two cases in which police report has been filed in the Court of law showing his involvement in offences referred to in sub-section (b). g. the word "abet,, shall have the same meaning as assigned to it under Section 107 of the Indian penal Code, 1g61.

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