The JAMMU AND KASHMIR PREVENTION AND SUPPRESSION OF SABOTAGES ACT, 1965.

PREVENTION AND SUPPRESSION
OF SABOTAGES ACT, 1965
(Act No.  XXII of 1965)
THE JAMMU AND KASHMIR PREVENTION AND
SUPPRESSION OF SABOTAGES ACT, 1965.
(Act No.  XXII of 1965)
CONTENTS
SECTION.
1. Short title.
2. Definitions.
3. Punishment for Sabotage.
4. Offences triable under this Act.
5. Place of trial.
6. Procedure before the Sessions Judge for trial of offences under this Act.
7. Review of convictions.
8. Transfer of cases from one Sessions Judge to another.
9. Trial of other offences.
10. Appointment of legal counsel to defend the accused.
11. Special rule of evidence.
12. Exclusion of jurisdiction of other Courts.
13. Application of the Code.
14. Power to make rules.
–––––––
PREVENTION AND SUPPRESSION OF SABOTAGES ACT, 196549
THE JAMMU AND KASHMIR PREVENTION AND
SUPPRESSION OF SABOTAGES ACT, 1965.
(Act No.  XXII of 1965)
[Received the assent of the Governor on the 27th September, 1965,
and published in the Government Gazette dated the 28th September, 1965,
Extraordinary, Part No. III, 26–4].
An Act to provide for the speedy trial of, and enhanced punishment for,
the offence of Sabotage.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixteenth
Year of Republic of India as follows : ––
1. Short title.–– This Act may be called the Jammu and Kashmir Prevention
and Suppression of Sabotage Act, 1965.
2. Definitions.–– In this Act, unless the context otherwise requires, ––
(a) “Sabotage” means wilfully doing of an act by using an explosive or
an incendiary substance which causes or is likely to cause death or
bodily injury or damage to or destruction of a building, vehicle,
machinery, road, bridge, culvert, causeway, an aerodrome or any
other property ;
(b) “Court” means the Court of the Sessions Judge specially appointed
or 1[empowered by the Government in consultation with the High
Court] by a notification in the 
2
[Official Gazette] for the trial of
offences under this Act :
Provided that no person shall be so appointed or empowered unless
he is qualified for the appointment as a judge of the High Court under3
[article 217 of the Constitution of India] ;
(c) “Code” means the 
4
[Code of Criminal Procedure, 1973 (2 of 1974)] ;
5
[(d) “Government” means the Government of the Union territory of
Jammu and Kashmir.]
1. Substituted by Act XL of 1966 for “empowered by the Government”.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.
3. Substituted ibid for “section 96 of the Constitution of Jammu and Kashmir”.
4. Substituted ibid for “Code of Criminal Procedure, Samvat 1989”.
5. Clause (d) inserted ibid.
50 PREVENTION AND SUPPRESSION OF SABOTAGES ACT, 1965
3. Punishment for Sabotage.–– Whoever commits Sabotage shall be
punishable with death or rigorous imprisonment for life or with rigorous
imprisonment for a term which may extend to ten years and shall also be
liable to fine.
4. Offences triable under this Act.–– Notwithstanding anything contained
in any other law for the time being in force, any offence punishable under
section 3, whether committed before or after the commencement of this Act, shall
be triable by the Court of the Sessions Judge under the provisions of this Act.
5. Place of trial.–– A Sessions Judge shall hold his sittings for the trial of
a case or cases under this Act at any place fixed and notified by the Government.
6. Procedure before the Sessions Judge for trial of offences under this
Act.–– Notwithstanding anything contained in any other law for the time being
in force, the Sessions Judge shall take cognizance of an offence under this Act
without accused being committed to his Court for trial, and in trying the accused
shall follow the following procedure :––
(1) When the accused appears or is brought before the Sessions Judge
at the commencement of the trial he shall satisfy himself that the
documents referred to in section 173 of the Code have been
furnished to the accused, and if he finds that the accused has not
been furnished with such documents or any of them, he shall cause
them to be so furnished.
(2) If upon consideration of all documents referred to in section 173 of
the Code, the Sessions Judge is of the opinion that there is ground
for presuming that the accused has committed an offence triable
under this Act he shall frame in writing a charge against the accused.
(3) The charge shall then be read and explained to the accused and he
shall be asked whether he pleads guilty or claims to be tried.
(4) If the accused pleads guilty, the Sessions judge shall record the
plea and may, in his discretion, convict him thereon.
(5) If the accused refuses to plead, or does not plead or claims to be
tried the Sessions Judge shall forthwith proceed to take all such
evidence as may be produced in support of the prosecution but he
shall not ordinarily record a memorandum only of the substance of
the evidence of each witness examined before him and he shall not
PREVENTION AND SUPPRESSION OF SABOTAGES ACT, 196551
be bound to be adjourn any trial for any purpose unless such
adjournment is, in his opinion, necessary in the interests of justice :
Provided that the sessions Judge may permit the cross-examination of
any witness to be deferred until any other witness or witnesses have been
examined.
(6) For the purposes of enabling the accused to explain any circumstances
appearing in the evidence against him at any stage of the trial the
Court may, without previously warning the accused, put such ques-
tions to him as it considers necessary and shall for purposes aforesaid
question the accused generally on the case after the witnesses for
prosecution have been examined and before he is called on for his
defence :
Provided that no oath shall be administered to the accused when he is
examined under this clause.
(7) The answers given by the accused during his examination under
clause (6) shall not render him to punishment for giving false
answers or for his refusal to answer, but the answers given by him
may be taken into consideration in the trial and the Court may draw
such inference from such refusal, or answers as it thinks just.
(8) The accused shall be then called upon to enter upon his defence
and produce his evidence, and if the accused puts in any written
statement, the Sessions Judge shall file it with the record.
(9) If the accused, after he has entered upon his defence, applies to
the Court to issue any process for compelling the attendance of
any witness for the purpose of examination or cross-examination or
the production of any document or other thing, the Court shall
issue such process unless it considers that such application should
be refused on the ground that it is made for purpose of vexation or
delay or for defeating the ends of justice. Such ground shall be
recorded by it in writing and its finding shall be final :
Provided that when the accused has cross-examined or had the opportu-
nity of cross-examining any witness, the attendance of such witness shall not be
compelled under this clause, unless the Court is satisfied that it is necessary for
the ends of justice :
52 PREVENTION AND SUPPRESSION OF SABOTAGES ACT, 1965
Provided further that the Court may, before summoning any witness on
such application under this clause, require that his reasonable expenses
incurred in attending for the purpose of the trial be deposited in the Court.
(10) If the Session Judge, after giving the prosecution and the accused
an opportunity of being heard, finds the accused guilty he shall
convict him and pass sentence upon him under this Act, and if he
finds the accused not guilty he shall record an order of acquittal.
7. Review of convictions. ––(1) If in any proceeding before the Sessions
Judge,––
(a) a person convicted is sentenced to death or to imprisonment for
life, or
(b) though no person is so sentenced the Sessions Judge certifies that
in his opinion the case has involved questions of special difficulty
whether of law or fact or is one which for any other reason ought
properly to be reviewed;
the proceedings shall be submitted for review by a person chosen by the
Government from the Judges of the High Court and the decision of that person
shall be final.
(2) Where any proceedings are so submitted for review, the Judge
reviewing the proceedings may exercise in his discretion any of the powers
exercisable under section 439 of the Code, by the High Court in the case of any
proceedings which the said section 439 refers :
Provided that where in the exercise of these powers the Judge reviewing
the proceedings directs a retrial of the accused or directs further evidence to
be taken, the reviewing Judge may direct the retrial to be held or the further
evidence to be taken by the Sessions Judge by whom the case was tried in the
first instance or by any other Sessions Judge to be appointed for the purpose
by the Government.
(3) The person appointed under sub-section (1) to review the proceedings
of a Sessions Judge may call for and examine the record of any proceedings before
the Sessions Judge for the purpose of satisfying himself as to the correctness,
legality or propriety of any finding, sentence or order recorded or passed and as to
the regularity of any proceedings of the Sessions Judge and may exercise, in the
PREVENTION AND SUPPRESSION OF SABOTAGES ACT, 196553
case of the proceedings the record of which has been so called for, any of the
powers which would have been exercisable by him in the case of such proceedings
had they been submitted to him for review under sub-section (1).
8. Transfer of cases from one Sessions Judge to another. ––(1) The
Government may, at any stage of the proceedings before a Session Judge,
transfer the case to another Sessions Judge.
(2) Notwithstanding anything contained in the Code, when a case is trans-
ferred under sub-section (1) the Sessions Judge to whom the case is transferred
shall not be bound to resummon or rehear the witnesses or any of them.
9. Trial of other offences.–– Where a person is charged before a Sessions
Judge with an offence punishable under section 3, he may be charged with and
tried at the same trial for any other offence with which he might under the
Code, be charged at one trial and the procedure of this Act shall apply to the
trial of any such other offence.
10. Appointment of legal counsel to defend the accused. ––(1) The Sessions
Judge or a Judge, reviewing under section 7 the proceedings of a Sessions Judge,
may appoint a lawyer to defend at any stage of the proceedings a person accused
of an offence triable under this Act who has not himself engaged a lawyer.
(2) A Sessions Judge shall not be required to grant an adjournment for
the purpose of securing the engagement or attendance of a lawyer if in his
opinion the accused had reasonable time to do so and such adjournment would
cause unreasonable delay in the disposal of the case.
11. Special rule of evidence.–– Notwithstanding anything contained in
the 
1
[Indian Evidence Act, 1872 (1 of 1872)], when the statement of any person
has been recorded by any Magistrate such statement may be admitted in evi-
dence in any trial before the Sessions Judge, if such person is dead or cannot
be found or is incapable of giving evidence.
12. Exclusion of jurisdiction of other Courts.–– Notwithstanding the
provisions of the Code, or of any other law for the time being in force or of
anything having the force of law by whatsoever authority made or done, there
shall be no appeal from any order or sentence made or passed by the Sessions
Judge or reviewing Judge under this Act and save as provided in this Act, no
Court shall have authority to revise such order or sentence or to transfer any
case from the Court of the Sessions Judge 
2
[x x x x] or have any jurisdiction of
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Evidence Act, Samvat 1977”.
2. Words and figure “or to make any order under section 491 of the Code” omitted ibid.
54 PREVENTION AND SUPPRESSION OF SABOTAGES ACT, 1965
any kind in respect of any proceedings under this Act.
13. Application of the Code.–– The provisions of the Code and of any law
for the time being in force in so far as they may be applicable and in so far as they
are not inconsistent with the provisions of this Act, shall apply to all matters
connected with, arising from or consequent upon, a trial under this Act.
14. Power to make rules.–– The Government may make rules providing
for any matter necessary to carry into effect the purposes of this Act.
–––––––

‹ Prev All Jammu and Kashmir acts Next ›