The Uttar Pradesh

Gangsters and Anti- Social Activities

(Prevention) Act, 19861    

[U.P. Act No. 7 of 1986]

(As passed by the U.P. Legislature)

An Act to make special provisions for the prevention of, and for coping with,

 gangsters and anti Social activities and for mattes connected therewith

[1]or incidental thereto

 

It is hereby enacted in the Thirty –Seventh year of the Republic of India as follows:

 

                1. Short title, extent and commencement. (1) This Act may be called the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention0 Act, 1986.

 

                (2) It extends to the whole of Uttar Pradesh.

                (3) It shall be deemed to have come into force on January 15, 1986.   

 

2. Definitions. - In this Act,

 

(a)“Code” means the Code of Criminal Procedure, 1973 (Act No.2 of 1974);

 

(b)“Gang” means a group of persons , who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of  disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in anti – social activities, namely –

 

(i)Offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (Act No. 45 of 1860) or

 

(ii)distilling or manufacturing or storing or transporting or importing or exporting or selling or distributing any liquor, or intoxicating or dangerous drugs or other intoxicants or narcotics or cultivating any plant, in contravention of any of the provisions of the U.P. Excise Act, 1910 (U.P. Act No. 4 of 1910) or the Narcotic Drugs and psychotropic Substances Act, 1985 (Act No. 61 of 1985) or any other law for the time being in force, or  

 

(iii)occupying or taking possession of immovable property otherwise than in accordance with law , or setting –up false claims for title or possession of immovable property whether in himself or any other person or  

 

(iv)Preventing or attempting to prevent any public servant or any witness from discharging his lawful duties, or

 

(v)Offences punishable under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act No. 104 of 1956) or  

 

(vi)offences punishable under Section 3 of the Public Gambling Act, 1867 (Act No. 3 of 1867), or  

 

(vii)preventing any person from offering bids in auction lawfully conducted  or tender lawfully invited, by or on behalf of any Government department local body or public or private undertaking for any lease or rights or supply of goods or works to be done or   

 

(viii)preventing or disturbing the smooth running by any person of his lawful business, profession trade or employment or any other lawful activity connected therewith or

 

(ix)offences punishable under Section 17-E of the Indian penal Code (Act No. 45 of 1860) or in preventing or obstructing any public election being lawfully held by physically preventing the voter from exercising his electoral rights or

 

(x) inciting others to resort to violence to disturb communal harmony or

 

(xi)terrorizing or assaulting employees or owners or occupiers of  public or private undertakings or factories and causing mischief in respect of their properties or

 

(xii)terrorising or assaulting employees or owners or occupiers of public or private undertakings or factories and causing mischief in respect of their properties or  

 

(xiii)inducing or attempting to induce any person to go to foreign countries on false representation that any employment trade or profession shall be provided to him in such foreign country or   

 

(xiv)kidnapping or abducting any person with intent to extort ransom, or

 

(xv) diverting or otherwise preventing any aircraft or public transport vehicle from following its scheduled course;  

 

(c)“gangster” means a member or leader or organizer of a gang and includes any person who abets or assists in the activities of a gang enumerated in clause (b) whether before or after the commission of such activities or harbors any person who has indulged in such activities;  

 

(d)“public servant”   means a public servant as defined in Section 21 of the Indian Penal Code (Act No. 45 of 1860) or any other law for the time being in force, and includes any person who lawfully assists the police or other authorities of the State, in investigation or prosecution or punishment of an offence punishable under this Act, whether by giving information or evidence relating to such offence or offender or in any other manner    

 

 

(e)“member of the family of a public servant” means his parents or spouse and brother, sister, Son daughter, grandson granddaughter or the spouses of any of them and includes a person dependenton or residing with the public servant and a person in whose welfare the public servant is interested;  

 

(f)words and phrases used but not defined in this Act and defined in the Code of Criminal Procedure, 1973 or the Indian Penal Code shall have the meanings respectively assigned to them in such Codes.

 

                Features actually taken by the Courts as indicative of crime and the  problems that arise in classifying proceedings must be left for discussion on another occasion ……… A.K. Dixit v. State of U.P.      

 

                Gangsterism. – Gangsterism is aimed at creating special organizations and groups to commit murder, use violence and take people for a ransom or other demands, forcible deprivation of freedom often involving torture, black- marketing, etc. Gangsterism could also mean the destruction of buildings ransacking and similar acts in a cruel manner to terrorism the people. A.K.Dixit v. State of U.P.2  

 

                Organized Crime Syndicate.-    An “ organized crime syndicate” refers to an organized crime” which in turn refers to “continuing unlawful activity” Ranjitsingh Brahmjeetsingh Sharma v State of Maharashtra and another .

 

                Common intention –Proof of. – It is settled law that the common intention or the intention of the individual concerned in furtherance of the common intention could be proved either from direct evidence or by interference from the acts or attending circumstances of the case and conduct of the parties. Pardeep Kumar v Union Administration, Chandigarh.4  3

 

           3   Penalty .- (1) a gangster, shall be punished with imprisonment of  either description for  a term which shall not be less than two years and which may extend to ten years and also with fine which shall not be less than five thousand rupees;

 

                Provided that a gangster who commits an offence against  the person of a public servant or the person of a member of the family of a public servant shall be punished with imprisonment  of either  description for a term which shall not be less than five thousand rupees.  

 

(2)whoever being a public servant renders any illegal help or support in any manner to a gangster whether before or after the commission of any offence by the gangster (whether before or after the commission of any offence by the gangster (whether by himself or through others) or abstains from taking lawful measures or intentionally avoids  to carry out the directions of any Court or of his superior officers, in this respect, shall be punished with imprisonment of either description for a term which may extend to ten years but shall not be less than three years and also with fine  .

            4.Special Rules of Evidence.  – Notwithstanding anything to the contrary contained in the Code or the Indian Evidence Act, 1872 for the purposes of trial and punishment for offences under this Act or connected offences;   

(a)           the Court may take into  consideration the fact that the accused was-

 

                (i)  on any previous occasion  bound down under Section 107 or Section 108 or  Section 109 or Section 110 of the Code or

                (ii) detained under any law relating to preventive detention, or

                (iii) externed under the Uttar Pradesh Control of Goondas Act 1970 9Act No. 8of 1970), or any other such law;   

 

(b)           where it is proved that a gangster or any person on his behalf is or has at any time  been , in possession of movable or immovable property which he cannot satisfactorily account for, or where his  pecuniary resources are disproportionate to his known sources of income, the Court shall, unless contrary is proved, presume  that such property or pecuniary resources have been acquired or  derived by his activities as  a gangster;   

 

(c)           where it is proved that the accused has kidnapped or abducted any person the Court shall presume that  it was for ransom;

 

(d)           where it is proved that a gangster has wrongfully concealed or confined a kidnapped or abducted person, the Court shall presume that the gangster knew that such person was kidnapped or abducted, as the case may be;  

 

(e)           the Court may, if for reasons to be recorded it thinks fit so to do, proceed with the trial in the absence of the accused and record  the evidence of any witness, provided that the witness may be recalled for cross-examination if the accused so desires but  recording his examination in chief afresh in presence of the accused shall not be necessary.  

 

5.             Special Courts.-  (1) The State Government may if it considers necessary so to do in the interest of speedy trial of offences under this  Act , for the whole or any part of the State, constitute one or more Special Courts.

 

                (2) A special Court shall be presided over by a judge to be appointed by the State Government with the concurrence of the Chief justice of the High Court

 

                (3) The State Government may also appoint with the concurrence of the Chief justice of the High Court, Additional judges to exercise jurisdiction in a Special Court.

 

                (4) A person shall not be qualified for appointment as a judge or an Additional judge of  a Special Court unless he is immediately before such appointment a Sessions judge or an Additional Sessions judge in any State   

(5) Where the office of the judge of the Special Court is vacant, or such judge is absent form the ordinary place of sitting of Special Court or he is incapacitated by illness or otherwise for the performance of his duties any urgent business in the Special Court shall be disposed of   

                (a) by the Additional judge , if any exercising jurisdiction in that Special Court ,

                (b) where there is no such Additional judge available , in accordance with the directions of the Sessions judge having jurisdiction over the ordinary place of sitting of the Special Court as notified.   

(6)           Where one Additional judge is or more Additional judges are appointed in a Special Court the judge of the Special Court may from time to time, by general or special order in writing provide for the distribution of business of the Special Court among himself and the  Additional judge or Additional judges and also for the disposal of urgent business in the  event of the absence of any Additional judge.  

 

6.             Place of sitting .- A Special Court may, if it considers it expedient or desirable so to do sit for any of its proceedings at any place, other than the ordinary place of its sitting:

                Provided that if the Public Prosecutor certifies to the Special Court that it is, in his opinion necessary for the protection of the accused or any witness or otherwise expedient in the interest of justice that the whole or  any part of the trial should be held at some place other than the ordinary place of its sitting the special Court may after hearing the accused make an order to that effect unless for reasons to be recorded in writing the Special Court thinks fit to make any other order . 

 

7.             Jurisdiction of Special Courts. (1) Notwithstanding anything  contained in the Code, where a Special Court has been constituted for any local area every offence punishable under any provision of this Act or any rule made thereunder shall be triable only by the Special Court within whose local jurisdiction it was committed whether before or after the  constitution of such special Court.  

 

                (2) All cases  triable by a Special Court, which immediately before the constitution of such special Court were pending before any Court ,shall on creation of such Special Court having jurisdiction over such cases, stand transferred to it .

 

                (3) where it appears to any Court in the course of any inquiry or trial in respect of any offence that the case is one which should be tried by a Special court constituted under this Act for the area in which such case has arisen it shall transfer such case to such Special Court, and thereupon such case shall be tried and disposed of by the special Court in accordance with the provisions of this Act;

                Provided that it shall be lawful for the Special Court to act on the evidence, if any, recorded by the Court in the case in the presence of the accused before the transfer of the case under this section :

               

                Provided further that if the Special Court is of opinion that further examination of any of the witnesses whose evidence is already recorded in the case is necessary in the interest of justice, it  may re-summon any such witness and after such further examination cross-examination and re-examination,  if any as it may permit the witness shall be discharged. 

 

                (4) The State Government may, if satisfied that it is necessary or expedient in the public interest so to do transfer any case pending before a Special Court to another Special Court.   

 

NOTES

                Power to transfer a case from one Special Court to another in any way is said  to fetter the judicial discretion vested in the Special judge or trench upon his independence . The  controversy involved in a transfer application is very limited  It cannot pronounce upon the guilt or innocence of the accused . It is not intended and cannot be used to overawe a Special judge in the discharge of his  duties. An order or transfer only takes out a case from one Court to another  Court and invests the other Court with jurisdiction, which in normal  circumstances it would not have . It is difficult to understand as to how the exercise of such power can interfere with impartial trials. 

 

                Under current sente4ncing laws State Legislatures rarely decide what sentence an accused who violates a criminal statute should receive Instead they generally determine only what the minimum and maximum sentence for a given offence will be .What should be the proper sentence in any case is left to judicial discretion judicial discretion is thus very broad with judges having considerable flexibility to tailor the sentence to the individual accused. In extreme and special cases where extraordinary aggravating conditions exist, the judge may impose any sentence upto the maximum authorized by the Legislature for the offence .A.K Dixit v.State of U.P.  

 

8.             Power of Special Courts with respect to other offences.- (1)  When trying any offence punishable under this Act a Special Court may also try any other offence with which the accused may, under any other law for the time being in force , be charged at the same trial.  

 

                (2) If in the course of any trial under this Act of any offence, it is found that the accused has committed any other offence under this Act or any rule thereunder or under any other law, the Special Court may convict such person of such other offence and pass any sentence authorised by this Act or such rule or as the case may be such other law for the punishment thereof   

 

NOTES

Power of Courts. – There shall be, in every state the following classes of criminal courts, namely.  

 

                (i) Courts of Sessions;

                (ii) judicial Magistrates, First class or Metropolitan Magistrates;

                (iii) Judicial Magistrates, second class; and

                (iv) Executive Magistrates,  

 

                The powers of different courts have been indicated in Chapter III. The High Court or Court of Session can try any offence under the Penal code and pass any sentence authorised by law, but a sentence of death if passed by the Sessions Court would be subject to confirmation by he high Court, A Chief Judicial Magistrate and a Chief Metropolitan Magistrate may pass a sentence for a term not exceeding seven years. A judicial Magistrate of the first class and metropolitan Magistrate are empowered to pass a sentence for a term not exceeding thee years. Section 209 provides that when an accused appears or is brought before a Magistrate and it appears that the offence is triable exclusively by the Court of Session, the Magistrate shall commit the case to the Court of Session. It will, thus, be seen that where an offence is exclusively triable by the Court of Session the Magistrate is enjoined by law to pass an order committing the case to the Court of Session for trial .Once the case is committed, the Court of Session can take cognizance at any time thereafter .Supreme Court Legal AID committee representing under trial prisoners v. union of India and others.1

 

               

                It can be discerned from the hierarchical settings of criminal Courts that the Courts of Session is given a superior and special status. Hence the legislature would have thoughtfully relieved the Court of Session from the work of performing all the preliminary formalities which the Magistrates have to do until the case is committed to the Court of Session Gengula Ashok and another v. State of A.P. 2

 

                The principles of res judicata and such analogous principles although are not  applicable in a criminal proceeding , still the courts are bound by the doctrine of judicial discipline having regard to the hierarchical system prevailing in our country kalian Chandra Sarkar v. Rajesh Ranjan.3  

 

9.             Public Prosecutor.- (1) For  every Special Court, the State Government shall appoint a person to be the Public prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors;  

 

                Provided that the State Government may also appoint for any case or class of cases a  Special public prosecutor.

 

(2)           A person shall be eligible to be appointed as Public prosecutor or an Additional Public prosecutor or a Special public prosecutor under this section only if he has been in practice as an Advocate for not less than seven years or has held any post for a period of not less than seven years, under the Union or State requiring special knowledge of law   

 

(3)           Every person appointed as a public prosecutor or an Additional public prosecutor or Special public Prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause (u) of Section 2 of the  Code, and the provisions of the Code shall have effect accordingly –

 

10           Procedure and powers of Special Courts.-  (1) A Special Court  may take cognizance of any offence triable by it, without the accused being committed to it for trial upon receiving a complaint of facts which constitute such offence or upon a police report of such facts.

 

                (2) Where an offence triable by a Special Court is punishable with imprisonment for a term not exceeding three years or with fine or with both, the Special Court may, notwithstanding anything contained in sub- section (1) of Section 260 or Section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of Sections 263 to 265 of the Code, shall so far as may be, apply to such trial:   

                Provided that when in the course of a summary trial under this sub-section , it appears to the Special Court that the nature  of the case is  such that it is undesirable to try in a summary way, the Special court shall recall any witnesses who may have been examined and proceed to rehear the case in the manner provided by the provisions of the Code for the  trial of such offence and the  said provisions shall apply to and in relation to a Special Court as they apply to and in relation to a magistrate

                Provided further that in the case of any conviction in a summary trial under this sub-section, it shall be lawful for a Special court to pass sentence of imprisonment for a term not exceeding two years.   

(3)           A Special Court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned n, or  privy to an offence, tender a pardon to such person on concerned in, or privy to an offence, tender a pardon to such person on condition of his  making a full and true disclosure of the whole circumstances within his  knowledge relative to the offence and to every other person concerned  whether as principal or abettor in the commission, thereof, and any  pardon so tendered shall, for the purposes of Section 308 of the Code be deemed  to have been tendered under Section 307 thereof.      

 

(4)           Subject to the other provisions of this Act a Special court for the purpose of trial of any offence, have all the powers  of a Court of Session and shall follow the procedure prescribed in the Code for the trial of warrant cases by the Magistrate.  

 

(5)           Subject to the other provisions of this Act every case transferred to a Special court under sub-section (3) of Section 7 shall be dealt with as if such case had been transferred under Section 406 of the Code to such Special Court.   

 

11.          Protection of witnesses. (1) Notwithstanding anything contained in the Code all proceedings before a Court trying an offence under this Act shall be conducted in camera:

                Provided that where the Public prosecutor so applies, any proceedings or part thereof  may be held in open Court.

 

(2)           Such court may, on an application made by a witness in any proceedings before it or by the public prosecutor in relation to such witness or on its own motion take such measures as it deems fit for keeping the identity and address of the witness secret.

 

(3)           In particular and without prejudice to the generality of the provisions of sub-section (2) the measures which such Court may take under that sub-section may include: -

                (a) the voiding of the mention of the names and addresses of the witnesses in its orders or judgment or in any records of the case accessible to public;  

 

                (b) the issuing of any direction for securing that the identity and  addresses of the witnesses are not disclosed .  

 

(4)           Any person who contravenes any direction issued under sub-section (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.

 

12.          Trial by Special Courts to have precedence. – The trial under this Act of any offence by Special court shall have precedence over the trial of any other case against the accused in any other Court (not being a Special Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance.   

13.          Power to transfer cases to regular Courts. – Where after taking cognizance of any offence, a Special Court is of opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for trial of such offence to any Court having jurisdiction under the Code and the Court to which the case is transferred may proceed with the trial of the offence as if it has taken cognizance of the offence.  

14.          Attachment of property. –(1) It the District Magistrate has reason to believe that any property, whether moveable or immovable, in possession of any person has been acquired by a gangster as a result of the commission of an offence triable under this Act, he may order attachment of  such property whether or not cognizance of such offence has been taken by any Court .

 

                (2) The provisions of the Code shall, mutatis mutandis   apply to every such attachment.  

 

                (3) Notwithstanding the provisions of the Code  the District Magistrate  may appoint an Administrator of any property attached under  sub-section (1) and the Administrator  shall have all the powers to administer such property in the best interest thereof .  

 

                (4) The  District Magistrate may provide  police help to the Administrator for proper and effective administration of such property

 

15.          Release of property. –(1) Where any property  is attached under Section 14, the claimant thereof may within  three months  from the date of knowledge of such attachment make  a representation to the District Magistrate showing the circumstances in and the sources by which such property  was acquired by  him.  

 

                (2) If the District Magistrate is satisfied about the genuineness of the claim made under sub –section (1) he shall forthwith release the property from attachment and thereupon such property shall be made over to the claimant.  

 

16.          Inquiry into the character of acquisition of property by Court.-  (1) Where no representation  is made within the period specified  in sub-section (1) of Section 15 or the District Magistrate does not release  the property under sub-section (2) of Section 15 he shall refer the matter with his report to the Court  having jurisdiction to try an offence under this Act.   

 

                (2) Where the District Magistrate has refused to attach many any property under sub –section (1) of Section 14 or has ordered for release of  any property under sub-section (2) of section 15, the State Government or any person aggrieved by such refusal or release may  make an application to the Court referred to in sub-section (1) for inquiry  as to whether the property was acquired by or as a result of the commission of an offence triable under this Act. Such Court may if it considers necessary or expedient in the interest of justice so to do,  order attachment of such property.  

                (3) (a) On receipt of the reference under sub-section (1) or an application under sub-section (2)  the Court shall fix a date for inquiry  and give notices thereof to the person making the application under sub- section  (2) or, as the case may be, to the person making the representation under Section 15 and to the State Government , and also to any other person whose interest appears to be involved in the case .  

                (b) On the date so fixed or any subsequent date to which the inquiry may be adjourned, the Court shall hear the parties, receive evidence produced by them, take such further evidence as it considers necessary, decide whether the property was acquired by a gangster as a result of the  commission of an offence triable under this Act and shall pass such order  under  Section 17 as may be just  and necessary in the circumstances of the  case .  

(4)           For   the purpose of inquiry under sub-section (3)  the Court, shall have the  power of a Civil  Court while trying a suit under the Code  of Civil Procedure, 1908 (Act No. 5 of 1908), in respect of the following matters, namely:  

 

                (a) summoning and enforcing the attendance of any person and examining him on oath;

                (b)  requiring the discovery and production of documents;

                (c) receiving evidence on affidavits;

                (d) requisitioning any public  record or copy thereof from any Court of office;

                (e) issuing commission for examination of witness or documents;

                (f) dismissing a reference for default or deciding it ex parte;        

 

(5)           In any proceedings under  this section , the burden of proving that the property in question or any part thereof  was not acquired by a  gangster as a result of the commission of any offence triable under this  Act shall be on the person claiming the property, anything to the contrary  contained in the Indian Evidence  Act, 1872 (Act No. 1 of 1872), notwithstanding .

 

17.          Order after inquiry.-  If upon such inquiry the Court finds that the property was not acquired by a gangster as a result of the commission  of any offence triable under this Act it  shall order for release of the  property of the person form whose possession it was attached. In any other case the Court may make such order as it thinks fit for the disposal of the property by attachment, confiscation or delivery to any person entitled to the possession thereof, or otherwise.  

 

18.          Appeal .- The  provisions of Chapter XXIX of the Code shall , mutatis mutandis, apply to an appeal against any judgment on order of a Court Passed under the provisions of this Act. 

 

19.          Modified application of certain provisions of the Code.-  (1)  Notwithstanding anything contained in the Code every offence punishable  under this Act or any rule made thereunder shall be deemed to be cognizable offence within the meaning of clause (c) of Section 2 of the Code and cognizable case as defined in that clause shall be construed accordingly. 

 

(2)           Section 167 of the Code shall apply in relation to case involving an offence punishable under this Act or any rule made thereunder subject  to the modifications that.

 

(a)           the reference in sub-section (1) thereof to “Judicial Magistrate” shall be construed as a reference to “Judicial Magistrate or Executive Magistrate”   

 

(b)           the  reference in  sub-section (2) thereof  to” fifteen days” , “ninety days” and “sixty”, wherever they occur , shall be construed as references to “sixty days”, one year” and  “ one year” respectively ;

 

(c)           sub- section (2-A) thereof shall be deemed to have been omitted.   

 

(3)           Section  366, 367, 368 and 371 of the Code shall apply in relation to a case involving an offence triable by a Special Court , subject to the modification that  the reference to “Court of Session “ wherever occurring therein shall be construed as reference to “Special court” .

 

(4)           Notwithstanding anything contained in the Code no person accused of an offence punishable under this Act or any rule made thereunder shall, if in custody, be released on bail or on his own bond unless:  

 

                (a) the Public prosecutor has been given an opportunity to oppose the application for such release , and

 

                (b) where the Public prosecutor opposes the application , the Court is satisfied that there are reasonable grounds  for believing that he is not guilty of such offence and the he is not likely to commit any offence while on bail  

 

(5)           The limitations on granting of bail specified in sub-section (4) are addition to the limitations under the Code.  

 

20.          Overriding effect. – The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other enactment.   

 

                U.P. Gangsters and Anti- Social Activities (prevention) Act, 1986 is a Special Act and Section 20 of the Act provides that the provisions of this Act or any rules framed therein shall have effect notwithstanding anything inconsistent therewith  contained in any other enactment . The provisions of the Act will have overriding effect on any other law including the provisions of the Code of Criminal procedure. Uma Kant yadav v. Superintendent of District Jail, Azamagrah and others.   

 

21.          Presumption as to order.- Where an order purports to have been made and signed by an authority n exercise of any power conferred by or  under this Act , a Court shall within the meaning of the Indian Evidence  Act, 1872 (Act No. 1of 1872) , presume that such order was so made by that authority .

 

22.          Protection of action taken in good faith.-  No suit, prosecution or  other legal proceeding shall lie against the State Government or any Officer or authority of the State Government for anything which is in good  faith  done or intended to be done  in pursuance of this Act or  any rules made thereunder.  

 

23.          Power to make rule. – (1) The  State Government may, by notification, make rules for carrying out the purposes of this Act.

                (2) The  rules made under sub-section (1) may provide that any contravention of any of the provisions of the rules shall be punishable  with imprisonment for  a term not exceeding six months with or without fine not exceeding  rupees one thousand.  

 

24.          Repeal and saving .- (1) The Uttar Pradesh Gangsters and Anti- Social Activates (Prevention ) Ordinance No. 4of  1986), is  hereby repealed.    

            (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act as if the provisions of this Act were in force at all material times.     

THE UTTAR PRADESH CONTROL OF

GOONDAS ACT, 19701

 

[U.P. Act No. 8 of 1971]

[As Amended by U.P. Act 1 of 19852 ]

(As passed by the Uttar Pradesh Legislature)

An Act to make special provisions for the control and suppression of

Goondas with a view to the maintenance of public order.

 

 

                It is hereby enacted in the Twenty- first year of the republic of India as follows:

 

1.             Short title and extent. – (1) This Act may be called the Uttar Pradesh Control Of Goondas Act, 1970.

                (2) It extends to the whole of Uttar Pradesh.

 

NOTES  

 

                Scope and purpose of the Act. -   Sub-section (1) of Section 3 provides that wherever it appears to the District Magistrate that nay person is a Goonda and that his movements or acts in the district or any part thereof are causing or are calculated to cause alarm, or harm to persons or property, or that there are  reasonable grounds for believing that he is engaged or about to engage in the  District or any part thereof  n the commission of any offence punishable under Chapters XVI, XVI and XXIII of the Penal Code or under Suppression of Immoral Traffic in Women and Girls Act or under the U.P. Excise Act or in the abetment of  any such offence and that witnesses are not willing to come  forward to give  evidence against him by reason of apprehension on their  part as regards safety  of their person or property, the  District Magistrate shall by notice in writing inform him of the general nature of the material allegations against him an give him a  reasonable opportunity of tendering an explanation regarding them. Sub- section (2) of Section 3 provides that the person against whom an order  is proposed to be made shall have the right to consult and be defended by a counsel of his choice and shall be given a reasonable opportunity of examining himself and also of  examining any other witnesses that he may wish to produce in support of his  explanation. Sub-section (3) provides that the District Magistrate on being  satisfied that the conditions specified in clauses (a), (b)  and (c) of sub-section (10 exist may by order in writing  direct him to remove himself  outside the district or  part as the case may be and within such time as may be specified in the order and to desist form entering the district or specified part thereof  until  the expiry  of such period not exceeding six months .The  order may also require such person to notify his movements --------------------------------------------------------------- 

 

2.             Definitions. –In this Act,  unless the context otherwise requires

 

                (a) “District Magistrate” includes an Additional district Magistrate specially empowered by the State Government in that behalf;  3[(b) Goonda means a person who-

 

(i) either by himself or as a member or leader of a gang, habitually commits or attempts to commit, or abets the commission of an offence punishable under Section 153 or Section 153-B or Section 294 of the Indian Penal Code or Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of said Code; or

 

(ii) has been convicted for an offence punishable under the  Suppression of Immoral Traffic in Women and Girls Act, 1956; or

 

(iii) has been convicted not less than thrice for an offence punishable under the U.P. excise Act, 1910 or the Public Gambling Act , 1867 or Section 25, Section 27 or Section 29of the Arms Act, 1959’or

 

(iv) is generally reputed to be a person who is desperate and dangerous to the community; or

 

(v) has been habitually passing indecent remarks or teasing women or girls; or

 

(iv) is a tout;

 

Explanation .- “Tout means a person who-

 

(a) accepts or obtains, or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification whatever as a motive or reward for inducing, by corrupt or illegal means any public servant or member of Government, parliament or of State legislature, to do or forbear to do anything or to show favour or, disfavor to any person or to render or attempt to render any service or disservice to any person, with the Central or State Government ,parliament or State Legislature, any local authority, Corporation, Government Company or public servant; or

 

(b) procures, in consideration of any remuneration moving from any legal practitioner interested in any legal business, or proposes to any legal practitioner or to any person interested n legal business to procure, in consideration of ay remuneration moving from either of them, the employment of legal practitioner in such business; or

 

(c) for the purposes mentioned in explanation (a0 or (b),  frequents the  precincts of civil criminal or revenue Courts, revenue or other offices, residential colonies or residences or vicinity of the aforesaid or railway or bus stations, landing stages lodging  places  or other places of public resort; or   

 

(vii) is a house- grabber.

 

Explanation. – House- grabber’ means a person who takes or attempts to take or aids or abets in taking unauthorized possession or having lawfully entered unlawfully remains n possession, of a building including land , garden, garages or out – houses appurtenant to a building.]  

 

3.             Externment, etc. of Goondas.-  Where it appears to the District Magistrate.-

                (a) that any person is a Goonda; and 

                (b)  (i) that his movements or acts in the district or any part thereof are causing , or are calculated to cause alarm , danger or harm to persons or property; or   

 

                7[(ii) that there are reasonable grounds for believing that he is engaged or about  to engage, in the district or any part thereof , in the commission of an offence referred to in sub- clauses (i) to (iii) of clause (b) of Section 2, or in the abetment of any such offence; and ]

 

                (c) that witnesses are not willing to come forward to give evidence against him by reason of apprehension on their part as regards the safety of their person or property -  

 

the District Magistrate shall by notice in writing inform him of the general nature of the material allegations against him in respect  of clauses (a), (b)  and (c) and give him a reasonable opportunity of tendering  an explanation regarding them. 

 

                (2) The person against whom an order under this section is proposed to be made shall have the right to consult and be defended by a counsel of his choice and shall be given a reasonable opportunity of examining himself, if he so desires, and also of examining any other witnesses that he may wish to produce in support of his explanation, unless for reasons to be recorded in writing the District Magistrate is of opinion that the request is made for the purpose of vexation or delay.

 

                (3) Thereupon the district Magistrate on being satisfied that the conditions specified in clauses (a) ,(b) and (c) of sub –section (1) exist may by order in writing –

 

1[(a)        direct him to remove himself outside the area within the limits of his local jurisdiction or such area and any district or districts or any part thereof, contiguous thereto, by such route, if any, and within such time as  may  be specified in the order and to desist from entering the said area or the area and such contiguous district or districts or part thereof, as the  case may be from which he was directed to remove himself until the expiry of such period not exceeding six months as may be specified in the said  order; ]   

 

 

(b)           (i)            require such person to notify his movements or to report himself, or to do both , in such manner, at such time and to  such authority  or person as may be specified in the order;

                (ii)           prohibit or restrict possessing or use by him of any such article as may be specified in the order;

                (iii)          direct him otherwise to conduct himself in such manner as may specified in the order,

until the expiry of such period  not exceeding six months as may be specified in the order.  

 

4.             Permission to return temporarily.-   The  District Magistrate may, by an order permit any person in respect of whom an order has been made under clause (a) of sub- section (3) of Section 3 to enter or  return, for a temporary period, into or to the area from which  he was directed to  remove himself, subject to such conditions as the District magistrate may specify and may at any time rescind any such permission    

 

5.             Extension of period of order.-  The  District Magistrate may , after giving except where for reasons to be recorded in writing he is  satisfied that it is impracticable so to do to the person concerned a opportunity  of making a representation in that behalf , extend from time to time in the  interest of the general public the period specified in the order made under Section 3 but the period so extended shall in no case exceed  two year in the aggregate .

 

6.             Appeal.- (1) Any person aggrieved by an order made under Section 3, Section 4 or Section 5 may appeal to the commissioner within fifteen days from the date of such order.

 

                (2) The appellant or his counsel shall not be entitled to inspect or to be informed of any record which was not disclosed to him at the inquiry , if any held under Section 3.

 

                (3) The  Commissioner may either confirm the order, with or without modification, or set it  aside, and may, pending disposal of the appeal , stay the operation of the  order subject to such terms if any, as he thinks fit.  

 

7.             Recognizance for  certain purposes.-  (1) The  District Magistrate or  the Commissioner may for the purpose of .-

 

                (a)           securing the attendance of any person against whom an order is proposed to be made under Section 3, or has been made but its operation has been stayed under Section 6; or  

 

                (b)           securing the due observance of  any direction requirement, prohibition, restriction or condition specified in an order made in respect of any person under Section 3, Section 4, Section  5 or Section 6,   

 

require such person to enter into a bond , with or without sureties, and the provisions of the  [code of Criminal Procedure, 1973]1  , shall mutatis mutandis apply in relation to such bond  as they apply in relation to bonds executed or required to be executed under  the said Code. 

 

(2)           In particular and without prejudice to the generality of the foregoing provisions-  

 

                (a)           the District Magistrate while issuing notice to any person under sub- section  (1) of Section 3 may issue a warrant for his arrest with endorsement thereon of a direction in terms of the  provisions of [Section 71]2   the said Code and the provisions of 3[Section 70 to 85 and87 to 89]  of the said Code shall, so far as may be apply in relation to such warrant as if the District  Magistrate were a Court;  

 

                (b)           if any person who is required to execute a bond for the observance of any direction, requirement , prohibition, restriction or conditions fails to do so, he shall be committed to prison , or if  he is already in prison, be detained in prison until the period for  which the direction, requirement ,prohibition, restriction or condition is to operate or until within such period he  executes the bond with or without sureties, as the case may be in terms of  the order, and the provisions of [Sections 119 to121 123 and 124]4  of the said Code shall mutatis mutandis apply as if the district Magistrate or the commissioner were a Court ;  

 

                (c)           [Section 445]1 of the said  code shall mutatis mutandis apply in relation to all bonds executed under  this section as if the district Magistrate or the Commissioner were a Court .

 

8.             Nature of evidence.- The district Magistrate  or the Commissioner may for the purpose of satisfying himself as to whether the conditions necessary for the making or confirmation of an order under Section 3or Section 5 exist or not take into consideration any evidence  which he  considers to have probative value and the provisions of the Indian Evidence Act,  1872 shall not apply.  

 

9.             Rescission of order.- The  District Magistrate or the Commissioner  may at any time rescind an order made under Section 3, whether or not such order was confirmed on appeal under Section 6.  

 

10.          Punishment for contravention of orders under Sections 3 to 6.- whoever contravenes any order made under Sections 3,4 and 5 or 6 shall be punishable with rigorous imprisonment for a term which may extend to three years but shall not be less than six months , and shall also be liable to fine,

 

11.          Forcible removal of externed Goonda re- entering, etc., in contravention of order.- (1)  Where , after an order is made against a person under Section  3, Section 4, Section5, or Section 6 such person –

 

                (a)           has failed to remove himself from the district or part as directed by the order; or

                (b)           has re-entered the area, from which he was ordered to remove  himself during the period of operation of that order,

 

the  District Magistrate may cause him to be arrested and removed in police custody to such place outside the area specified in the said order as he ma direct.  

 

                (2)           Any police officer may arrest without warrant any person reasonably suspected of an act or omission specified in sub- section (1) and shall for forthwith forward the person so arrested to the nearest Magistrate who shall cause him to be forwarded to the District Magistrate, who may thereupon cause the person to be removed in police custody to such place outside the area specified in the said order as he may direct.  

                (3)           The  provisions of this  section are in addition to and not in derogation of the provisions of Section 10  

 

12.          cognizance of offence.-  No magistrate shall take cognizance of an offence punishable under Section 10 except, -

 

                (a)           upon a report in writing of the facts constituting such offence made by a police officer; or

                (b)           upon information received form any person  other  than a police officer, or upon his own knowledge or suspicion that such offence has been committed. 

13.          Savings as to orders. – No