The Disturbed Areas (Special Courts) Act, 1976

(1) This Act may be called the Disturbed Areas (SpecialCourts) Act, 1976. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different States or for different partsthereof.

In this Act, unless the context otherwise requires, (a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); (b) "disturbed area" means an area declared as a disturbed area under section 3; (c) period of disturbance, in relation to a disturbed area, means the period during which it is to bea disturbed area for the purposes of section 3; (d) "scheduled offence" means an offence specified in the Schedule being an offence forming partor arising out of, or connected with, any such disturbance as is referred to in section 3; (e) "Special Court" means a Special Court constituted under section 4; (f) words and expressions used but not defined in this Act, and defined in the Code shall have themeanings respectively assigned to them in the Code.

(1) Where a State Government is satisfied that (i) there was, or (ii) there is, in any area within a State extensive disturbance of the public peace and tranquillity, by reason ofdifferences or disputes between members of different religious, racial, language or regional groups orcastes or communities, it may, by notification in the Official Gazette, declare such area to be a disturbedarea. (2) A notification issued under sub-section (1) in respect of any area shall specify the period duringwhich the area shall, for the purposes of this section, be a disturbed area and where the State Governmentis satisfied that there was such disturbance of public peace and tranquillity as is referred to in sub-section(1) in that area from any date prior to the issue of such notification, the period specified in the notificationmay commence from that date: Provided that--- (a) no period commencing from a date earlier than three months before the date of publication ofthe notification shall be specified therein; and (b) so much of the period specified in such notification as is subsequent to the date of publicationof the notification shall not, in the first instance, exceed three months but the State Government mayamend such notification to extend such period from time to time by any period not exceeding three months at any one time if in the opinion of the State Government there continues to be in such areasuch disturbance of public peace and tranquillity as is referred to in sub-section (1): Provided further that where the State Government is satisfied that there is no longer such disturbanceof public peace and tranquillity as is referred to in sub-section (1) in such area, it shall amend thenotification issued under that sub-section in respect of that area to limit the period specified therein(whether originally or by amendment under the preceding proviso) accordingly. STATE AMENDMENT Karnataka Amendment of section 3.--In section 3 of the Disturbed Areas (Special Courts) Act, 1976 (CentralAct 77 of 1976) in sub-section (1), after the words "castes or communities", the words "or due to anyother reason" shall be inserted. [Vide Karnataka Act 49 of 1981, s. 2] STATE AMENDMENT Manipur Amendment of section 3.--In section 3 of the Disturbed Areas (Special Courts) Act, 1976,(hereinafter referred to as the Principal Act):-- (a) in sub-section (1), between the words, "communities", and "it may", the following words,brackets and figures shall be inserted, namely-- "or by reason of extension and indiscriminate armed violence by members of an associationdeclared as unlawful association under the Unlawful Activities (Prevention) Act, 1967"; (b) in sub-section (2)-- (i) In clause (a) of the proviso, the word "and" appearing at the end shall be deleted, and thewords, letters and brackets, "save in respect of the cases referred to in clause (aa)", shall beinserted in the beginning, and (ii) below clause (a) of the proviso so amended, the following clause shall be added,namely:-- "(aa) in respect of extensive and indiscriminate armed violence by members of anyassociation declared as unlawful association under the Unlawful Activities (Prevention)Act, 1967, no period commencing from a date earlier than the date of publication of thenotification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of1958) in respect of that area or earlier than two years before the date of publication of thenotification under sub-section (1), shall be specified therein; and". [Vide Manipur Act 11 of 1982, s. 2]

(1) The State Government may, for the purpose of providingspeedy trial of scheduled offences committed in disturbed areas, by notification in the Official Gazette,constitute as many Special Courts as may be necessary in or in relation to such disturbed area or areas asmay be specified in the notification. (2) A Special Court shall consist of a single judge who shall be appointed by the High Court upon arequest made by the State Government. Explanation.In this sub-section, the word "appoint" shall have the meaning given to it in theExplanation to section 9 of the Code. (3) A person shall not be qualified for appointment as a judge of a Special Court unless (a) he is qualified for appointment as a judge of a High Court, or (b) he has, for a period of not less than one year, been a Sessions Judge or an Additional SessionsJudge. (4) Notwithstanding anything contained in sub-section (3), a person shall not be eligible for beingappointed as, and for being, a Judge of a Special Court in any State after he has attained the age at whichSessions Judges in that State have to retire from service.

(1) Notwithstanding anything contained in the Code or any otherlaw, a scheduled offence committed in any disturbed area at any time during the period during which it isa disturbed area shall be triable, whether during or after such period, only by the Special Court constitutedin or in relation to the disturbed area in which the offence has been committed. (2) When trying any scheduled offence, a Special Court may also try any offence other than thescheduled offence with which the accused may, under the Code, be charged at the same trial if the offenceis connected with the scheduled offence.