Jharkhand Control of Crimes Act, 2002
No: 6 Dated: Nov, 14 2002
The Jharkhand Control of Crimes Act, 2002
An Act To make special provisions for the control and suppression of anti-social elements with a view to maintenance of public order.
1. Short title and extent. - (1) This Act may be called the Jharkhand Control of Crimes Act, 2002.
(2) It extends to the whole of the State of Jharkhand
2. Definition. - In this Act, unless the context otherwise requires,-
(a) "Commissioner" means the Commissioner of a Division and includes any officer specially empowered by the State Government to exercise all or any of the powers of Commissioner under this Act;
(b) "District Magistrate" includes an Additional District Magistrate or SubDivisional Officer specially empowered by the State Government in this behalf;
(c) "Detention order" means an order made under section 12;
(d) "Anti-social element" means a person who-
(i) either by himself or as a member of or leader of a gang, habitually commits or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII of the Indian Penal Code; or
(ii) habitually commits or abets the commission of offences under the Suppression of Immoral Traffic in Women and Girls Act, 1956;
(iii) who by words or otherwise promotes or attempts to promote, on grounds of religion, race, language, caste or community or other grounds whatsoever, feelings of enmity or hatred between different religions, racial or language groups or castes or communities; or
(iv) has been found habitually passing indecent remarks to, or teasing women or girls; or
(v) who has been convicted of an offence under sections 25,26, 27, 28 or 29 of the Arms Act of 1959
3. Externment etc. of anti-social elements. - (1) Where it appears to the District Magistrate that-
(a) any person is an anti-social element; and
(b) (i) that his movements or acts in the district or any part thereof are causing or calculated to cause alarm, danger or harm to persons or property; or
(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 any offence punishable under Chapter XVI or Chapter XVII of the Indian Penal Code, or under the Suppression of Immoral Traffic in Women and Girls Act, 1956, or abetment of such offence;
The District Magistrate shall by notice in writing inform him of the general nature of the material allegation against him in respect of clauses (a) and (b) and shall 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) The District Magistrate on being satisfied that the conditions specified in clauses (a) and (b) of sub-section (1) exist, may by order in writing-
(a) direct him to remove himself outside the district or part thereof, as the case may be, by such route, if any, and within such time as may be specified in the order and to resist from entering the district or the specified part thereof, until, the expiry of such period, not exceeding six months as may be specified in the order;
(b) (i) require such person to notify his movement, 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 possession or use by him of such article as may be specified in the order;
(iii) direct him otherwise to conduct himself in such manner as may be 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 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 an 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 years in the aggregate
6. Appeal. - (1) Any person aggrieved by an order made under Sections 3,4, or 5 may appeal to the Commissioner within fifteen days from the date of such order.
(2) 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.