The Terrorist Affected Areas (Special Courts) Act, 1984
# THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984

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 ARRANGEMENT OF SECTIONS

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SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Declaration of terrorist affected area.
4. Establishment of Special Courts.
5. Composition and appointment of Judges of Special Courts.
6. Place of sitting.
7. Jurisdiction of Special Court.
8. Powers of Special Courts with respect to other offences.
9. Public Prosecutors.
10. Procedure and powers of Special Courts.
11. Power of Supreme Court to transfer case.
12. Protection of witnesses.
13. Power to transfer cases to regular courts.
14. Appeal.
15. Modified application of certain provisions of the Code.
15A. Abolition of certain Special Courts.
16. Overriding effect of Act.
17. Delegation.
18. Power to make rules.
19. Saving.
20. Amendment of Act 1 of 1872.
21. Repeal and saving.
THE SCHEDULE.
APPENDIX.


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# THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 ACT NO. 61 OF 1984

[31st August, 1984.]
# An Act to provide for the speedy trial of certain offences in terrorist affected areas and for matters connected therewith.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—

**1. Short title, extent and commencement.—(1) This Act may be called the Terrorist Affected Areas**
(Special Courts) Act, 1984.

(2) It extends to the whole of India except the State of Jammu and Kashmir*.

(3) It shall be deemed to have come into force on the 14th day of July, 1984.

**2. Definitions.—(1) In this Act, unless the context otherwise requires,—**

(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);

(b) “High Court”, in relation to a Special Court, means the High Court within the territorial limits
of whose jurisdiction such Special Court is proposed to be, or is, established;

(c) “judicial zone” means a judicial zone constituted under sub-section (1) of section 3;

(d) “notification” means a notification published in the Official Gazette;

(e) “Public Prosecutor” means a Public Prosecutor or an Additional Public Prosecutor or a Special
Public Prosecutor appointed under section 9 and includes any person acting under the directions of
the Public Prosecutor;

(f) “scheduled offence” means an offence specified in the Schedule being an offence committed
in a terrorist affected area;

(g) “Special Court” means a Special Court or an Additional Special Court established under
section 4;

(h) “terrorist” means a person who indulges in wanton killing of persons or in violence or in the
disruption of services or means of communications essential to the community or in damaging
property with a view to—

(i) putting the public or any section of the public in fear; or

(ii) affecting adversely the harmony between different religious, racial, language or regional
groups or castes or communities; or

(iii) coercing or overawing the Government established by law; or

(iv) endangering the sovereignty and integrity of India;

(i) “terrorist affected area” means an area declared as a terrorist affected area under section 3;

(j) words and expressions used but not defined in this Act and defined in the Code shall have the
meanings respectively assigned to them in the Code.

(2) Any reference in this Act to the Code or any provision thereof shall, in relation to an area in which
the Code or such provision is not in force, be construed as a reference to the corresponding law or the
relevant provision of the corresponding law, if any, in force in that area.

**3. Declaration of terrorist affected area.—(1) If the Central Government is of the opinion that**
offences of the nature specified in the Schedule are being committed in any area by terrorists on such a
scale and in such a manner that it is expedient for the purpose of coping with the activities of such
terrorists to have recourse to the provisions of this Act, it may, by notification,—

(a) declare such area to be a terrorist affected area; and

*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.


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(b) constitute such area into a single judicial zone or into as many judicial zones as it may deem
fit.

(2) A notification issued under sub-section (1) in respect of an area shall specify the period during
which the area shall, for the purposes of this Act, be a terrorist affected area, and where the Central
Government is of the opinion that terrorists had been committing in that area, from a date earlier than the
date of issue of the notification, offences of the nature specified in the Schedule on such a scale and in
such a manner that it is expedient to commence the period specified in the notification from such earlier
date, the period specified in the notification may commence from that date:

Provided that—

(a) no period commencing from a date earlier than six months from the date of publication of the
notification shall be specified therein; and

(b) so much of the period specified in such notification as is subsequent to the date of publication
of the notification shall not, in the first instance, exceed six months, but the Central Government may,
by notification, extend such period from time to time by any period not exceeding six months at any
one time, if the Central Government, having regard to the activities of terrorists in such area, is of the
opinion that it is expedient so to do.

_Explanation.—For the avoidance of doubts, it is hereby declared that the period specified in a_
notification issued under this section may commence from a date earlier than the date of commencement
of this Act.

**4. Establishment of Special Courts.—(1) For the purpose of providing for speedy trial of scheduled**
offences committed in a judicial zone, the Central Government may establish, by notification, a Special
Court in relation to such judicial zone—

(a) within such judicial zone; or

(b) if the Central Government having regard to the exigencies of the situation in such judicial
zone considers it expedient so to do, at any place outside such judicial zone but within the State in
which such judicial zone is situated.

(2) Notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of the
situation prevailing in a State, the State Government is of the opinion that it is expedient to establish in
relation to a judicial zone, or in relation to two or more judicial zones, in the State, an Additional Special
Court outside the State, for the trial of such scheduled offences committed in the judicial zone or judicial
zones, the trial whereof within the State—
(a) is not likely to be fair or impartial or completed with utmost dispatch; or
(b) is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of
the accused, the witnesses, the Public Prosecutor and the Judge or any of them; or
(c) is not otherwise in the interests of justice,

the State Government may request the Central Government to establish in relation to such judicial zone or
judicial zones an Additional Special Court outside the State and thereupon the Central Government may,
after taking into account the information furnished by the State Government and making such inquiry, if
any, as it may deem fit, establish, by notification, such Additional Special Court at such place outside the
State as may be specified in the notification.

**5. Composition and appointment of Judges of Special Courts.—(1) A Special Court shall be**
presided over by a judge to be appointed by the Central Government with the concurrence of the Chief
Justice of the High Court.

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


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(3) 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.

(4) For the removal of doubts, it is hereby provided that the attainment by a person, appointed as a
Judge or an Additional Judge of a Special Court, of age of superannuation under the rules applicable to
him in the Service to which he belongs, shall not affect his continuance as such Judge or Additional
Judge.

(5) Where any Additional Judge or Additional Judges is, or 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 his absence or 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, in the State in which it is
established:

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 interests 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 Court.—(1) Notwithstanding anything contained in the Code or in any**
other law, a scheduled offence committed in a judicial zone in a State at any time during the period during
which such judicial zone is, or is part of, a terrorist affected area shall be triable, whether during or after
the expiry of such period, only by the Special Court established for such judicial zone in the State:

Provided that where the period specified under sub-section (2) of section 3 as the period during which
an area declared by notification under sub-section (1) of that section to be a terrorist affected area
commences from a date earlier than the date on which such notification is issued, then—

(a) nothing in the foregoing provisions of this sub-section shall apply to a scheduled offence
committed in such area in which the whole of the evidence for the prosecution has been taken before
the date of issue of such notification; and

(b) all other cases involving scheduled offences committed in such area and pending before any
court immediately before the date of issue of such notification shall stand transferred to the Special
Court having jurisdiction under this section and the Special Court to which such proceedings stand
transferred shall proceed with such cases from the stage at which they were pending at that time.

(2) Notwithstanding anything contained in sub-section (1), if in respect of a case involving a
scheduled offence committed in any judicial zone in a State, the Central Government, having regard to the
provisions of sub-section (2) of section 4 and the facts and circumstances of the case and all other relevant
factors, is of the opinion that it is expedient that such offence should be tried by the Additional Special
Court established in relation to such judicial zone outside the State, the Central Government may make a
declaration to that effect:

Provided that no such declaration shall be made unless the State Government has forwarded to the
Central Government a report in writing containing a request for making of such declaration.

_Explanation.—Where an Additional Special Court is established in relation to two or more judicial_
zones, such Additional Special Court shall be deemed, for the purposes of this sub-section, to have been
established in relation to each of such judicial zones.

(3) A declaration made under sub-section (2) shall not be called in question in any court.

(4) Where any declaration is made in respect of any offence committed in a judicial zone in a State,
any prosecution in respect of such offence shall be instituted only in the Additional Special Court
established in relation to such judicial zone outside the State, and if any prosecution in respect of such


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offence is pending immediately before such declaration in any other court, the same shall stand
transferred to such Additional Special Court and such Additional Special Court shall proceed with such
case from the stage at which it was pending at that time.
**8. Powers of Special Courts with respect to other offences.—(1) When trying any scheduled**
offence, a Special Court may also try any offence other than the scheduled offence with which the
accused may, under the Code, be charged at the same trial if the offence is connected with the scheduled
offence.
(2) If, in the course of any trial under this Act, it is found that the accused person has committed any
offence, the Special Court may, whether such offence is or is not a scheduled offence, convict such person
of such offence and pass any sentence authorised by law for the punishment thereof.
**9. Public Prosecutors.—(1) For every Special Court, the Central 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 Central 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 a 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 a State, requiring special knowledge of law.

(3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a 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**
scheduled offence, 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 a scheduled offence is punishable with imprisonment for a term not exceeding three years
or with fine or with both, a 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 it in a summary way, the Special Court
shall recall any witnesses who may have been examined and proceed to re-hear 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 section, it shall be
lawful for a Special Court to pass a 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 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 shall, for the purpose of trial of any
offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of
Session so far as may be in accordance with the procedure prescribed in the Code for the trial before a
Court of Session.
(5) Subject to the other provisions of this Act, every case before an Additional Special Court shall be
dealt with as if such case had been transferred under section 406 of the Code to such Additional Special
Court.


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**11. Power of Supreme Court to transfer case.—Whenever it is made to appear to the Supreme**
Court that an order under this section is expedient for the ends of justice, it may direct that any particular
case be transferred from one Special Court to another Special Court.

**12. Protection of witnesses.—(1) Notwithstanding anything contained in the Code, all proceedings**
before a Special Court 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) A Special 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 a Special Court may take under that sub-section may include—
(a) the holding of the proceeding at a protected place;
(b) the avoiding of the mention of the names and addresses of the witnesses in its orders or
judgments or in any records of the case accessible to public;
(c) the issuing of any directions for securing that the identity and addresses of the witnesses are
not disclosed.

(4) Any person who contravenes any direction issued under sub-section (2) shall be punishable with
imprisonment for a term which may extend to one year and with fine which may extend to one thousand
rupees.

**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 a scheduled offence, 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. Appeal.—(1) Notwithstanding anything contained in the Code, an appeal shall lie as a matter of**
right from any judgment, sentence or order, not being interlocutory order, of a Special Court to the
Supreme Court both on facts and on law.

(2) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or
order of a Special Court.

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of
the judgment, sentence or order appealed from:

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period
of thirty days.

**15. Modified application of certain provisions of the Code.—(1) Notwithstanding anything**
contained in the Code or any other law, every scheduled offence shall be deemed to be a 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 a case involving a scheduled offence 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 references in sub-section (2) thereof to “fifteen days”, “ninety days” and sixty days”,
wherever they occur, shall be construed as references to “thirty days”, “one year” and “one year”,
respectively; and

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


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(3) Sections 366 to 371 and section 392 of the Code shall apply in relation to a case involving a
scheduled offence subject to the modifications that the references to “Court of Session” and “High
Court”, wherever occurring therein, shall be construed as references to “Special Court” and “Supreme
Court”, respectively.

(4) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any
person on an accusation of having committed a scheduled offence in a terrorist affected area.

(5) Notwithstanding anything contained in the Code, no person accused of a scheduled offence 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 that he is not likely to
commit any offence while on bail.

(6) The limitations on granting of bail specified in sub-section (5) are in addition to the limitations
under the Code or any other law for the time being in force on granting of bail.

1[15A. Abolition of certain Special Courts.—Where the area comprising a judicial zone has ceased
to be a terrorist affected area and no cases are pending before a Special Court or an Additional Special
Court established in relation to such judicial zone, the Central Government may, by notification in the
Official Gazette, abolish such Special Court or Additional Special Court.]

**16. Overriding effect of Act.—(1) The provisions of this Act shall have effect notwithstanding**
anything contained in the Code or any other law, but save as expressly provided in this Act, the
provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to
the proceedings before a Special Court; and for the purpose of the said provisions of the Code, the Special
Court shall be deemed to be a Court of Session.

(2) In particular and without prejudice to the generality of the provisions contained in sub-section (1),
the provisions of sections 326 and 475 of the Code shall, as far as may be, apply to the proceedings before
a Special Court, and for this purpose any reference in those provisions to a Magistrate shall be construed
as a reference to the Special Court.

**17. Delegation.—The Central Government may, by notification, delegate, subject to such conditions**
as may be specified, all or any of the powers exercisable by it under this Act [except the power under subsection (2) of section 4 and the power under sub-section (2) of section 7] to the State Government.

**18. Power to make rules.—The Supreme Court may, by notification, make such rules, if any, as it**
may deem necessary for carrying out the purposes of this Act.

**19. Saving.—(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure**
applicable to, any court or other authority under any law relating to the naval, military or air forces or any
other armed forces of the Union.

(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred
to in sub-section (1), a Special Court shall be deemed to be a Court of ordinary criminal justice.

**20. Amendment of Act 1 of 1872.—In the Indian Evidence Act, 1872, after section 111, the**
following section shall be inserted, namely:—

**“111A.Presumption as to certain offences.—(1) Where a person is accused of having**
committed any offence specified in sub-section (2), in—

(a) any area declared to be a disturbed area under any enactment, for the time being in force,
making provision for the suppression of disorder and restoration and maintenance of public order;
or

(b) any area in which there has been, over a period of more than one month, extensive
disturbance of the public peace,

1. Ins. by Act 45 of 1985, s. 2 (w.e.f. 26-8-1985).


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and it is shown that such person had been at a place in such area at a time when firearms or explosives
were used at or from that place to attack or resist the members of any armed forces or the forces
charged with the maintenance of public order acting in the discharge of their duties, it shall be
presumed, unless the contrary is shown, that such person had committed such offence.

(2) The offences referred to in sub-section (1) are the following, namely:—

(a) an offence under section 121, section 121A, section 122 or section 123 of the Indian    Code
(45 of 1860);

(b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 122 or
section 123 of the Indian Penal Code (45 of 1860).”

**21. Repeal and saving.—(1) The Terrorist Affected Areas (Special Courts) Ordinance, 1984(9 of**
1984), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under the corresponding provisions of this Act.

1[THE SCHEDULE

[See section 2 (f)]

1. Offences under the following provisions of the Indian Penal Code (45 of 1860):—

sections 121, 121A, 122 and 123.

2. Offences under the following provisions of the Anti-Hijacking Act, 1982 (65 of 1982):—

sections 4 and 5.

NOTE 1.—The offence of criminal conspiracy or attempt to commit, or abetment of, an offence
specified in this Schedule shall be deemed to be a scheduled offence.

NOTE 2.—The commission of an offence specified in this Schedule by any member of an unlawful
assembly shall be deemed to be the commission of that scheduled offence by every other member of the
unlawful assembly.]

1. Subs. by Act 45 of 1985, s. 3, for the Schedule (w.e.f. 26-8-1985).


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APPENDIX

EXTRACT FROMTHE TERRORIST AFFECTED AREAS (SPECIAL COURTS)AMENDMENTACT, 1985

(45 of 1985)

   -                  *              *                   *                     *

**4. Special Courts to cease to exercise jurisdiction with respect to certain cases and transfer of**
**pending cases.—(1) Notwithstanding anything contained in section 7 of the principal Act but subject to**
the provisions of sub-section (2), after the commencement of this Act, a Special Court shall not take
cognizance of, or have or exercise any jurisdiction with respect to, any offence other than an offence
mentioned in or connected with an offence mentioned in the Schedule to the principal Act as substituted
by section 3 of this Act.

(2) Every case which is pending immediately before the commencement of this Act before any
Special Court and which is in respect of an offence other than an offence mentioned in, or connected with
an offence mentioned in, the Schedule to the principal Act as substituted by section 3 of this Act shall, as
soon as may be after such commencement, be transferred to the principal Act to take cognizance thereof
and the court to which the case is so transferred may proceed with the case from the stage at which it was
at the time of such transfer as if it had originally taken cognizance of the case and the case was pending
with it at that time.

(3) This section shall be read as one with the principal Act and words and expressions used in this
section shall be construed accordingly.


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