The UTTAR PRADESH DACOITY AFFECTED AREAS ACT, 1983
uttarakhand · 1983
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Uttar Pradesh Dacoity Affected Areas Act, 1983 (2) It extends to the whole of Uttar
- S. 2Section 2 defines key terms used in the Uttar Pradesh Dacoity Affected Areas Act, 1983, including "dacoity affected area," "scheduled offence," and "Sessions Judge."
- S. 3Section empowers State Government to declare areas as dacoity affected based on police reports or information.
- S. 4Section 4 deems assistants to police in dacoity investigations as public servants and validates Superintendent of Police certificates for them.
- S. 5The section allows the State Government to establish special courts for expediting trials of dacoity-related offenses in affected areas.
- S. 6Section 6 mandates that scheduled offences under the Act are exclusively triable by a special court.
- S. 7Section 7 empowers Special Courts to take cognizance of scheduled offences upon complaints, police reports, or other information.
- S. 8Section 8 specifies that dacoity-related offenses under the Act are to be tried by designated Special Courts, with provisions for alternate judges if needed.
- S. 9Section 9 allows transfer of dacoity cases between special courts under the Criminal Procedure Code.
- S. 10Section 10 restricts bail for accused or convicted individuals of scheduled offences in Uttar Pradesh, requiring prosecution opposition and court satisfaction of reasonable grounds for non-guilt.
- S. 11Section 11 modifies arrest and detention timelines for scheduled offences under the Code of Criminal Procedure.
- S. 12Section 12 penalizes scheduled offences against public servants or their family members with imprisonment up to ten years and fine.
- S. 13Section mandates judgment to state reasons for not awarding death sentence in certain dacoity convictions.
- S. 14Section 14 imposes up to ten years imprisonment and fine for scheduled offences not covered by Indian Penal Code or section 12.
- S. 15Section 15 penalizes individuals in dacoity-affected areas found with unexplained property from scheduled offenses with up to seven years imprisonment and a fine.
- S. 16Section mandates minimum three-year imprisonment for scheduled dacoity offences, overriding other laws.
- S. 17Section 17 allows the District Magistrate to attach and administer property of suspected offenders in dacoity-affected areas.
- S. 18Section 18 allows property owners to represent to the District Magistrate about lawful acquisition of attached property, which may lead to its release.
- S. 19Section 19 allows the District Magistrate to refer property acquisition disputes to a Special Court for decision.
- S. 20Section 20 orders confiscation of property acquired through scheduled offences and transmits records to the District Magistrate for execution.
- S. 21No order passed and no decision made under this Act shall be appeal- able except as hereinafter provided
- S. 22Any person convicted on a trial held by a Special Court under this Act appeal to the High Court
- S. 23Section allows State Government to appeal acquittal orders by Special Court to High Court.
- S. 24(1) An appeal shall lie to the High Court against every decision of the Special Court made under section 20
- S. 25Section 25 applies provisions of the Code of Criminal Procedure to appeals under sections 22 or 23, barring civil courts' jurisdiction.
- S. 26Section 26 prohibits civil courts from handling dacoity matters and prevents injunctions against property attachment under this Act.
- S. 27Section presumes accused kidnapped for ransom or concealed kidnapped person if in dacoity-affected area.
- S. 28Section protects state officials and administrators from legal actions for actions taken in good faith under the Act.
- S. 29Section 29 overrides any conflicting existing laws and allows for rule-making under the Act.
- S. 30The State Government may, by notification, make rules to carry out the provisions of this Act
- S. 31(1) The Uttar Pradesh Dacoity Affected Areas (Second) Ordinance, 1983 is hereby repealed