The EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE, 2005 (1948 A.D.)

EGRESS AND INTERNAL MOVEMENT
(CONTROL) ORDINANCE, 2005
(1948 A.D.)
(Ordinance No. V Samvat of 2005)
EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,3
SAMV A T 2002 (1948 A.D.)
THE EGRESS AND  INTERNAL MOVEMENT (CONTROL)
ORDINANCE, 2005 (1948 A.D.)
(Ordinance No. V of Samvat 2005)
CONTENTS
Preamble.
SECTION.
 1. Short title, extent and commencement.
2. Control of egress from or movement within the Union territory of Jammu and
Kashmir.
3. Penalty for contravention of order under section 2.
3-A. Penalty for possessing arms and explosives.
3-B. Aiding the offender.
3-C. Offences non-bailable.
4. Abetment by pilot.
5. Power of arrest.
6. Power to prevent departure.
7. Protection.
8. Appointment and jurisdiction  of  Special Judges.
9. Transfer of cases from one Special Judge to another.
10. Procedure of Special Judges.
11. Sentences by Special Judges.
12. Review of convictions.
13. Hearing of proceeding in camera.
14. Limitation on appearing of legal practitoners.
15. Special rule of evidence.
SECTION.
16. Special rule of procedure.
17. Exclusion of interference by other Courts.
18. Accused only entitled to copy of record.
19. Application of ordinary law.
20. Disclosure of information relating to proceedings.
21. Power of removal.
–––––––
EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,5
SAMV A T 2002 (1948 A.D.)
THE EGRESS AND INTERNAL MOVEMENT (CONTROL)
ORDINANCE, 2005 (1948 A.D.)
(Ordinance No. V of Samvat 2005)
[Promulgated by His Highness under section 5 of the Jammu and Kash-
mir Constitution Act, 1996 and published in Government Gazette dated 9th
Poh, 2005 and 12th Magh, 2005.]
An Ordinance to control egress from or movement within the 1[Union
territory of Jammu and Kashmir] of persons for the time being in the
1[Union territory of Jammu and Kashmir].
Preamble.–– Whereas an emergency has arisen which makes it necessary
to control egress from or movement within the 1[Union territory of Jammu and
Kashmir] of persons for the time  being in the 1[Union territory of Jammu and
Kashmir] ;
Now, therefore, in exercise of the powers reserved under section 5 of the
Jammu and Kashmir Constitution Act, 1996, His Highness has been pleased to
make and promulgate the following Ordinance :––
1. Short title, extent and commencement. ––(1) This Ordinance may be
called the Egress and Internal Movement (Control) Ordinance, 2005.
(2) It extends to the whole of the 1[Union territory of Jammu and Kashmir].
(3) It shall come into force at once.
2. Control of egress from or movement within the 1[Union territory of
Jammu and Kashmir].–– The 2[Government of Union territory of Jammu and
Kashmir] may, by notifying in the 3[Official Gazette], order that any person for
the time being in the 1[Union territory of Jammu and Kashmir] or any class of
such persons shall not proceed to a destination outside the 1[Union territory
of Jammu and Kashmir] or move within the 1[Union territory of Jammu and
Kashmir] from one place to another, except under the authority of a written
permit granted in such form and manner and by such authority or person as
may be specified in the order.
4[3. Penalty for contravention of order under section 2.–– Whoever
contravences the provisions of any order made under section 2, shall be
1. Substituted for “State” by S.O. 1229 (E) dated 31.03.2020.
2. Substituted for “Government” ibid.
3. Substituted for “Government Gazette” ibid.
4. Sections 3 and 3-A substituted by Act XXIV of 1967.
6 EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,
SAMV A T 2002 (1948 A.D.)
punishable with imprisonment for a term which in the absence of special reasons
to be recorded in writing by the Court, shall not be less than one year but may
extend to two years and shall also be liable to fine.
3-A. Pentalty for possessing arms and explosive.–– Whoever
contravenes  the provision of any order made under section 2 and is found to
be in possession of arms, explosives or any equipment capable of being used
for espionage or sabotage, he shall be punishable with imprisonment for a term
which, in the absence of special reasons to be recorded in writing by the Court,
shall not be less than five years but may extend to seven years and shall also
be liable to fine.
3-B. Aiding the offender.–– Whoever, knowing any person to be an
offender under this Ordinance,––
(a) offers any support or maintenance to such offender with the
intention of facilitating the pursuit of any unlawful object by him ;
(b) harbours or conceals such offender with the intention of screening
him from legal punishment ; or
(c) fails, without any reasonable excuse, burden of proving which shall
lie upon the person so knowing, forthwith to give information to
the  nearst Magistrate or Police Officer of such offender ;
shall be liable to be proceeded against, tried and punished as a principal offender.
3-C. Offences non-bailable.–– Notwithstanding anything contained in
the  1[Code of Criminal Procedure, 1973 (2 of 1974)], any offence punishable
under sections 3,3-A or 3-B shall be non-bailable.]
4. Abetment by pilot.–– The pilot of any air-craft by means of which any
person leaves the 2[Union territory of Jammu and Kashmir] in contravention of
any order made under section 2 shall, unless he proves that he exercised all
diligence to prevent the said contravention, be deemed to have abetted the
contravention.
5. Power of arrest. ––(1) Any officer of police, not below the rank of a
Sub-inspector, any officer of the Customs Department and any other officer of
the 3[Government of Union territory of Jammu and Kashmir] empowered by a
1. Substituted for “Code of Criminal Procedure, 1989” by S.O. 1229 (E) dated 31.03.2020.
1. Substituted for “State” ibid.
2. Substituted for “Government” ibid.
EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,7
SAMV A T 2002 (1948 A.D.)
general or special order of the 1[Government of Union territory of Jammu and
Kashmir] in this behalf, may  arrest without warrant any person who has
contravened or against whom a reasonable suspicion exists that he has
contravened the provisions of order made under section 2.
(2) Every officer making an arrest under this section shall, without
unnecessary delay, take or send the person arrested before a Magistrate 2[x x]
or to the officer-in-charge of the nearst police station and the  provisions of
3[section 57 of the Code of Criminal Procedure, 1973 (2 of 1974)], shall apply in
the case of any such arrest.
6. Power to prevent departure. ––(1) Where any Police Officer, not below
the rank of Inspector, or any other public servant authorised by a general or
special order of the 1[Government of Union territory of Jammu and Kashmir] in
this behalf, has reason to suspect that any person who is about to depart from
the 3[Union territory of Jammu and Kashmir] is attempting so to depart for
purposes prejudicial to the public safety or to the defence of the 3[Union
territory of Jammu and Kashmir], he may, notwithstanding the fact that such
departure does not contravene any order made under section 2, prevent the
departure of that person.
(2) Any Police Officer or other public servant who prevents the departure
of any person under sub-section (1) shall forthwith report the fact of such
prevention to the District Magistrate and the District Magistrate may, if he
thinks fit, by order, take such action so as to prevent his leaving the 3[Union
territory of Jammu and Kashmir] so long as the order under section 2 is in
force.
7. Protection.–– No suit, prosecution or other legal proceedings shall lie
against any person for anything in good faith done or intended to be done in
pursuance of this Ordinance or an order made under it.
4[8. Appointment and jurisdiction of Special Judges. ––(1) For the trial
of offences punishable under section 3-A or section 3-B read with section 3-A,
the 1[Government of Union territory of Jammu and Kashmir] may appoint as
Special Judges having jurisdiction throughout the 3[Union territory of Jammu
and Kashmir], such persons who have for a period of not less than one year
1. Substituted for “Government” by S.O. 1229 (E) dated 31.03.2020.
2. Words “having jurisdiction in the case” omitted by Act XI of 1966.
3. Substituted for “State” by S.O. 1229 (E) dated 31.03.2020.
4. Sections 9 to 20 substituted for section 8 and section 9 re-numbered as section 21 by Act
XXIV of 1967. Sections 8 and 9 were inserted by Ordinance X of Samvat 2007.
8 EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,
SAMV A T 2002 (1948 A.D.)
exercised the powers of a Sessions Judge under the 1[Code of  Criminal Proce-
dure, 1973 (2 of 1974)], or who have, for a period of not less than four years,
exercised enhanced powers of 2[Judicial Magistrate] of the first class under
3[section 29] of the said Code or who have, for a period of not less than ten
years, practised at the Bar.
(2) A Special Judge shall try any offence punishable under section 3-A or
section 3-B read with section 3-A which the 4[Government of Union territory of
Jammu and Kashmir], by general  or special order in writing, direct to be tried
by him and may hold his  sittings for the trial of any case in any place fixed by
the 4[Government of Union territory of Jammu and Kashmir].
9. Transfer of cases from one Special Judge to another. ––(1) The 4[Gov-
ernment of Union territory of Jammu and Kashmir] may, at any stage of the
proceedings before a Special Judge, transfer the case to another Special Judge.
(2) Notwithstanding anything contained in the 1[Code of Criminal Proce-
dure, 1973 (2 of 1974)], when a case is transferred under sub-section (1), the
Special Judge to whom the case is transferred shall not be bound to resummon
or re-hear the witnesses or any of them unless he is satisfied that such a
course is necessary in the interests of justice.
10. Procedure of Special Judges. ––(1) A Special Judge may take cogni-
zance of an offence without the accused being committed to his Court for trial,
and, in trying accused persons, shall follow the procedure prescribed by, the
1[Code of Criminal Procedure, 1973 (2 of 1974)], for the trial of warrant cases by
2[Judicial Magistrates] :
Provided that a Special Judge shall ordinarily record a memorandum only
of the substance of the evidence of each witness examined, may refuse to
summon any witness if satisfied after examination of the accused that  the
evidence of such witness will not be material and shall not be bound to adjorn
any trial for any purpose unless such adjournment is in his opinion necessary
in the interests of justice.
(2) In matters not coming within the scope of sub-section (1) the provision
of the 1[Code of Criminal Procedure 1973 (2 of 1974)], so far as they are not
inconsistent with this Ordinance, shall apply to the proceedings of a Special
Judge ; and for the purposes of the said provisions the court of the Special
Judge shall be deemed to be a court of Sessions.
1. Substituted for “Code of Criminal Procedure, 1989” by S.O. 1229 (E) dated 31.03.2020.
2. Substituted by Act XX of 1968.
3. Substituted for “section 30” by S.O. 1229 (E) dated 31.03.2020.
4. Substituted for “Government” ibid.
EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,9
SAMV A T 2002 (1948 A.D.)
11. Sentences by Special Judges.–– A Special Judge may pass any
sentence authorised by law.
12.  Review of convicitions. ––(1) If, in any proceeding, the Special 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, or when the person convicted by the Special Judge under section
3-A or section 3-B read with section 3-A so demands, the proceeding shall be
submitted for review by a person chosen by the 1[Government of Union territory
of Jammu and Kashmir] 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 2[section 401 of the Code of Criminal Procedure, 1973 (2 of
1974)], by the High Court in the case of any proceedings which the 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 futher evidence
to be taken by the Special Judge by whom the case was tried in the first
instance or by any other Special Judge, or by a Special Judge to be appointed
for the purpose by the 1[Government of Union territory of Jammu and Kashmir].
(3) The person appointed under sub-section (1) to review the proceedings
of a Special Judge may call for and examine the record of any proceedings
before the Special Judge for the purpose of satisfying himself as to the
correctness, legality or propriety of any fiding, sentence or order recorded or
passed and as to the regularity of any proceedings of the Special Judge, and
may exercise in the case of 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).
13. Hearing of proceedings in camera.–– If, as respects any proceedings
before a Special Judge or before a judge reviewing under section 12 of the
proceedings of a Special Judge, the Special Judge or reviewing Judge, as the
case may be, is satisfied that it is expendient in the interests of the public
safety or the security of the 3[Union territory of Jammu and Kashmir] so to do,
such Judge may give directions, that throughout or during any part of the
1. Substituted for “Government” by S.O. 1229 (E) dated 31.03.2020.
2. Substituted for “section 439 of the Code of Criminal Procedure, 1989” ibid.
3. Substituted for “State” ibid.
10 EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,
SAMV A T 2002 (1948 A.D.)
proceedings such person or  class of persons as the Judge may determine shall
be excluded.
14. Limitation on appearance of legal practitioners. ––(1) In any
proceedings before the Special Judge and in proceeding before a Judge
reviewing under section 12 the proceedings of a Special Judge when the  Special
Judge or the reviewing Judge grants permission in this behalf, a person accused
of an offence triable under section 3-A or section 3-B read with section 3-A
may be defended by a legal practitioner.
(2) A Special Judge, or a Judge reviewing under section 12 the proceedings
of a Special Judge, may appoint a legal practitioner at any  stage of the
proceedings for a person accused of an offence triable under  section 3-A or
section 3-B read with section 3-A who has himself engaged a legal practitioner.
(3) A Special Judge shall not  be required to grant an adjournment for the
purpose of securing the attendance of a legal practitioner, if in the opinion of
the Special Judge such adjournment would cause unreasonable delay in the
disposal of the case.
15. 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 a 2[Judicial Magistrate] such statement may be admitted
in evidence in  any trial before a Special Judge, if such person is dead or cannot
be found or is incapable of giving evidence.
16. Special rule of procedure. ––(1) When any accused, in a trial before
a Special Judge, has by his voluntary act rendered himself incapable of
appearing before the Court, or resists his production before it or behaves
before it in a persistently disorderly manner, the Court may, at any stage of  the
trial, by order in writing, made after such enquiry as it may think fit, dispense
with the attendance of such accused for such period as it may think fit and
proceed with the trial in his absence.
(2) Where a plea is required in answer to a charge from an accused whose
attendance has been dispensed with under sub-section (1) such accused shall
be deemed not to plead guilty.
(3) An order under sub-section (1) dispensing with the attendance of an
accused shall not affect his right of being represented by a legal practitioner at
any stage of the trial, or being present in person if he has become capable of
appearing, or appears in Court and undertakes to behave in an orderly manner.
1. Substituted for “Evidence Act, 1977” by S.O. 1229 (E) dated 31.03.2020.
1. Substituted by Act XX of 1968.
EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,11
SAMV A T 2002 (1948 A.D.)
(4) Notwithstanding anything contained in the 1[Code of Criminal
Procedure, 1973 (2 of 1974)], no finding, sentence or order passed in a trial
before a Special Judge shall be held to be illegal by reason of any omission or
irregularity whatsoever arising from the absence of any or all of the accused
whose attendance has been dispensed with under sub-section (1).
17. Exclusion of interference of other Courts.–– Notwithstanding the
provisions of the 1[Code of Criminal Procedure, 1973 (2 of 1974)], 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 a Special Judge or reviewing Judge under section
3-A or section 3-B read with section 3-A of this Ordinance and save as provided
in this Ordinance, no Court shall have authority to revise such order or sentence
or to transfer any case from the Court of a Special Judge or to make any order
under *[section 491 of the Code of Criminal Procedure, 1989], or have any
jurisdiction of any kind in respect of  any proceedings under the aforeasid
sections of this Ordinance.
18. Accused only entitled to copy of record. ––(1) Notwithstanding the
provisions of the 1[Code of Criminal Procedure, 1973 (2 of 1974)], 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, no person, other than the accused  or his
legal practitioner, shall be entitled to be furnished with a copy of any part of
the records of, or of any document relating to, any proceedings under section
3-A or section 3-B read with section 3-A of this Ordinance.
(2) Any such copy furnished to the accused or his legal practitioner shall
be kept by the person to whom it was furnished in his personal custody, and it
shall be an offence punishable under section 20 for that person to  show it to
any person other than his legal practitioner or his client, as the case may be, or
to divulge its contents except in the course of the proceeding for the purpose
of which it was obtained.
(3) Any such copy shall be returned to the authority from whom it was
obtained  within  ten days of the conclusion of the proceedings for the purpose
of which it was furnished and any failure so to do shall be punishable with the
punishment provided for an offence under section 20.
19. Application of ordinary law. ––(1) The provisions of the 1[Code of
Criminal Procedure, 1973 (2 of 1974)], and of any other law for the time being in
1. Substituted for “Code of Criminal Procedure, 1989” by S.O. 1229 (E) dated 31.03.2020.
* Now provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
12 EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE,
SAMV A T 2002 (1948 A.D.)
force in so far as they may be applicable and in so far as they are not inconsitent
with the provisions of this Ordinance shall apply to all matters connected with,
arising from or consequent upon, a trial under this Ordinance.
20. Disclosure of information relating to proceedings.–– Any person
who, without the previous authorisation of the 1[Government of Union territory
of Jammu and Kashmir], discloses or publishes any information with respect to
any proceedings or with respect to any person proceeded against under section
3-A or section 3-B read with section 3-A of this Ordinance, shall be punishable
with imprisonment for a term which may extend to two years, or with fine, or
with both.
21. Power of removal.–– Without prejudice to the provision contained in
section 5, the 1[Government of Union territory of Jammu and Kashmir] may, by
general or special order, direct the removal from the Indian side of the Cease-
fire Line to the other side of the  said Line of any person who has committed, or
against whom a reasonable suspicion exists that he has committed, an offence
under this Ordinance, and thereupon any officer of 1[Government of Union
territory of Jammu and Kashmir] shall have all reasonable powers necessary to
enforce such direction.]
–––––––
1. Substituted for “Government” by S.O. 1229 (E) dated 31.03.2020.

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