(1) This Act may be called the Rajasthan Dacoity Affected Areas Act, 1986.
(1) In this Act, unless the context otherwise requires
If in receiving the report of a police officer or any other information in respect of the incidence of scheduled offence in a district or districts or a part or parts thereof, the State Government considers that a situation has arisen in which the area covered by such district or districts or a part or parts thereof should be declared to be a dacoity-affected area for the purposes of this Act, the State Government may, by Notification, declare such area to be a dacoity-affected area.
(1) Person, who assists the police in giving information or is engaged in assisting the police by giving information relating to the commission of a scheduled offence or is assisting in the investigation of such offence, shall, for the purposes of this Act, be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).
Notwithstanding anything contained in the Code, no person accused or convicted of a scheduled offence shall, if in a custody, be released on bail or on his bond, unless—
(1) For the purpose of providing speedy trial of the scheduled offences committed in a dacoity-affected area, the State Government may, in consultation with the High Court, constitute, by Notification, as many special courts as may be necessary in, or in relation to, such dacoity-affected area or areas as may be specified in such Notification.
(1) Notwithstanding anything contained in the Code or in any other law for the time being in force, a scheduled offence shall be triable only by a special court.
(1) A special court may take cognizance of any scheduled offence —
A scheduled offender, who commits the offence of murder of more than one person or a scheduled offence against a public servant or against a member of the family of a public servant, shall—
Notwithstanding anything contained in sub-section (3) of Section 354 of the Code, when the conviction under this Act is made in respect of the murder of more than one person or the murder of a public servant or a member of his family and the sentence of death is not awarded, the judgment shall state the special reasons for not awarding the death sentence.
A person who commits a scheduled offence shall, if no specific punishment is provided for that in the Indian Penal Code, 1860 (Central Act XLV of 1860) and that offence is also not punishable under Section 9, be punished with imprisonment which may extend to ten years and with fine.
Where a person living in dacoity-affected area is found to be in possession of properties in that area or elsewhere in Rajasthan for which he cannot satisfactorily account for and which has been acquired by or as a result of, the commission of a scheduled offence, he shall be punished with imprisonment which may extend to seven years and with fine :
Notwithstanding anything contained in section 11 and 12 or any other law for the time being in force, the minimum punishment for a scheduled offence shall be an imprisonment for three years.
(1) If the District Magistrate has reason to believe that a person living in a dacoity-affected area has committed an offence punishable under Section 12, he may make a declaration to that effect and may order the attachment of the property in respect of which offence is believed to have been committed.
(1) Where a property is attached under Section 14, its owner may, within three months of the date of knowledge of attachment, make a representation to the District Magistrate showing the circumstances in, and the means by, which the property was acquired by him.
(1) If the District Magistrate is not satisfied with the representation made under Section 15, he shall refer the matter, alongwith his report to the special court having jurisdiction for deciding whether the property or any part thereof was or was not acquired by, or as a result of, the commission of scheduled offence.
If the special court, finds that the property was acquired by, or as a result of, the Commission of scheduled offence, it shall order confiscation of the said property and shall transmit the record to the District Magistrate for execution of its order and in any other case the property shall be ordered to be released forthwith.
No order of decision made under this Act shall be appealable except as hereinafter provided.
- Any person convicted on a trial held by a special court under this Act may appeal to the High Court.
The State Government may in any case direct the public prosecutor present an appeal to the High Court from an order of acquittal made by a special court under this Act.
The provisions of Chapter XXIX of the Code shall mutatis mutandis apply to every appeal preferred under Section 19 or Section 20.
An appeal shall lie to the High Court against every order of the special court made under Section 17.
No civil court shall have jurisdiction in receipt of any matter which the special court is empowered by or under this Act to determine and no injunction or interlocutory order interfering with the attachment or confiscation of property shall be granted or made by any court or other authority in respect of any power conferred by or under this Act.
- In any trial of a scheduled offence under this Act, where it is proved that—
(1) No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government for anything done or intended to be done in good faith in pursuance of the provisions of this Act or the rules made thereunder.
The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any law for the time being in force.
(1) The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect all or any of the provisions of this Act.
(1) The Rajasthan Dacoity-Affected Areas ordinance, 1985 (Ordinance No. 7 of 1985) is hereby repealed.