Terrorist and Disruptive Activities (Prevention) Act - The Law and TADA Court

The Law and TADA Court

The Act's third paragraph gives a very thorough definition of "terrorism":

"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 to 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 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 a manner as to cause, or as is likely to cause, 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."

The law gave wide powers to law enforcement agencies for dealing with terrorist and 'socially disruptive' activities. The police were not obliged to produce a detainee before a judicial magistrate within 24 hours. The accused person could be remanded up to 1 year in police custody, as opposed to the maximum of 90 days detainment for the accused of other crimes. Confessions made to police officers was admissible as evidence in the court of law, with the burden of proof being on the accused to prove his innocence. A special court known as TADA court was set up to hear the cases and deliver judgements pertaining to 1993 Bombay bombings. The trials could be held in camera with the identities of the witnesses kept hidden.

Read more about this topic:  Terrorist And Disruptive Activities (Prevention) Act

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