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RELEVANT ASPECTS OF THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT 1987
3.(1) Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire-arms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such manner as to cause, or as is likely to cause, the death of, or injuries to, any person or persons or loss of, or damage to, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act.
3.(2) Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
3.(3) Whoever harbours or conceals, or attempts to harbour or conceal, any terrorist shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
4.(1) Whoever commits or conspires or attempts to commit or abets, advocates, advises, or knowingly facilitates the commission of, any disruptive activity or any act preparatory to a disruptive activity shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
4.(2) For the purpose of subsection (1) "disruptive activity" means any action taken, whether by act or by speech or through any other media or in any other manner whatsoever,-
(i) which questions, disrupts or intends to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India; or
(ii) which is intended to bring about or supports any claim whether directly or indirectly, for the cession of any part of India or secession of any part of India from the Union.
OTHER RELEVANT ASPECTS OF THE ACT
PART 1
4. It shall remain in force for a period of two years from 24th day of May 1987, but its expiry under the operation of this sub-section shall not affect-
(a) the previous operation of, or anything duly done or suffered under, this Act or any rule made there under or any order made under any such rule, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under this Act or any rule made there under or any order made under any such rule, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence under this Act or any contravention of any rule made under this Act or any order made under any such rule, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued and any such penalty, forfeiture or punishment may be imposed as if this Act had not expired.
2.(1) In this Act, unless the context otherwise requires-
(a) "abet" with its grammatical variations and cognate expressions, include-
(i) the communication or association with any other person class of person who is engaged in assisting in any manner terrorists or disruptions:*
(ii) the passing on, or publication of, without any lawful authority, any information likely to assist the terrorists or disruptionists ,and to passing on, or publication of, or distribution of, any document or matter obtained from terrorists or disruptionists;*
(iii) the rendering of any assistance, whether financial or otherwise, to terrorists or disruptionists;*
*NOTE: that communication, passing of information, financial assistance or any assistance does not specify that this has to be relevant to the act of terrorism or disruption. Thus what if a doctor gave medical care or a writer wrote a pamphlet questioning the government and was used by a disruptionists to propagate his cause.
PART III
14.(1) A Designated Court may take cognizance of any 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.
15.(1) Notwithstanding anything in the Code or in Indian evidence Act, 1872, but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or any mechanical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, shall be admissible in the trial of such person for an offence under this Act or rules made there under.
PART IV
21.(1) In a prosecution for an offence under sub-section (1) of section 3, if it is proved-
(a) that the arms or explosives or any other substances specified in section 3 were recovered from the possession of the accused and there is reason to believe that such arms or explosive or other substances of similar nature, were used in the commission of such offence; or
(b) that by the evidence or an expert the finger prints of the accused were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence; or
(c) that a confession has been made by a co-accused that the accused had committed the offence ;or
(d) that the accused had made a confession of the offence to any person other than a police officer, the Designated Court shall presume, unless the contrary is proved, that the accused had committed such offence
