The UTTAR PRADESH DACOITY AFFECTED AREAS ACT, 1983

  
 THE UTTAR PRADESH DACOITY AFFECTED AREAS ACT, 
19831 
(U. P. Act No. 31 of 1983) 
 [Passed in Hindi by the Uttar Pradesh Legislative Assembly on 
September 7, 1983  and by the Uttar Pradesh Legislative Council on 
September 12, 1983. 
Received the assent of the President on October 12, 1983 
under Article 201 of the Constitution of I ndia and was published in 
the Uttar Pradesh Gazette Extraordinary, dated October 13, 1983.] 
 AN 
ACT 
 to make provision for specifying certain offences in the dacoity 
affected areas of the Uttar Pradesh in order to curb effectively the 
commission of scheduled offences and to make provision for punishment 
and speedy trail thereof and for the attachment of properties acquired 
through the commission of such offences and for matters connected 
therewith or incidental thereto. 
 WHEREAS, for curbing the menace o f organized and 
unorganized gangs of dacoits effectively, it is essential to break the 
chain of vested interests assisting, or associated with, such gangs and 
to curb and control them effectively ; 
 AND, whereas, it is essential to provide for more string ent 
punishments for certain scheduled offences in the areas affected by 
dacoity ; 
 AND, whereas, huge properties are being held through the 
commission of scheduled offences in the names of relatives, associates 
and confidants of the dacoits and it is nece
ssary to provide for 
attachment and confiscation of such properties ; 
 IT is hereby enacted in the Thirty -fourth Year of the Re public 
of India as follows :— 
 CHAPTER–I 
Preliminary 
Short title, 
extent and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Dacoity Affected 
Areas Act, 1983.  
(2) It extends to the whole of Uttar Pradesh. 
(3) It shall be deemed to have come into force on October 22, 
1981.  
Definitions 2. In this Act — 
 (a) “dacoity affected areas” means an area declared as 
such under section 3 ; 
1. For Statement of Objects and Reasons, see Uttar Pradesh Gazette, Extraordinary, dated March 6, 1982. 
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[The Uttar Pradesh Dacoity Affected Areas Act, 1983]  
 
 
 
 
 (b) “scheduled offence” in relation to a dacoity affected area 
means an offence, specified in the schedule to this Act, being an 
offence committed by  a scheduled offender ; 
 (c) “scheduled offender” means a person who com mits or has 
committed or is accused of committing or attempt to commit 
dacoity or robbery as such or being so connected with scheduled 
offence as to form part of the same transaction, whether such 
offence has occurred at the same time and place or at different 
times and places ; 
 (d) “Sessions Judge”, in relation to a dacoity affected area, 
means— 
(i) where such area consists of a district or part thereof, 
the Sessions Judge exercisin g jurisdiction in such district  or 
part, as the case may be; 
 (ii) where such area consists of two or more districts or 
parts thereof, such Session s Judge, as may be specified by 
the High Court, in this behalf for exercising jurisdiction in 
that area;  
 (e) “Special Court” means a court constituted under  
section 5 ;  
(f) “Sp ecial Judge” means a judge appointed under  
sub-section (2) of section 5 to preside over a Special Court ; 
 (g) words and expressions used, but not defined in this Act 
and defined in the Code of Criminal Procedure, 1973, shall have 
the meanings assigned to them in that Code.  
 CHAPTER–II 
Dacoity affected areas and Constitution of Special Courts 
Declaration 
of dacoity 
affected area 
3. If on receiving the report of a police officer or other information 
in respect of the incident of the scheduled offences i n a district or 
districts or a part or parts thereof, the State Government considers that 
a situation has arisen in which the area covered by such district or 
districts or a part or parts thereof sho uld be declared to be a dacoity 
affected area for the pur pose of this Act, the State Government may, by 
notification, declare such area to be a dacoity affected area.     
Person 
assisting the 
police to be 
public 
servant 
4. (1) A person who assists the police in giving information, or is 
engaged to assist the po lice for giving information relating to the 
commission of a scheduled offence or in the investigation of the 
commission of such offence shall, for the purposes of this Act, be 
deemed to be public servant within the meaning of section 21 of the 
Indian Penal Code.  
 (2) A certificate by the Superintendent of Police to the effect that 
the person mentioned therein is a person who assists or is engaged to  
assist the police for the purposes specified in sub -section (1) shall be 
conclusive proof of the facts stated therein.  
 
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[The Uttar Pradesh Dacoity Affected Areas Act, 1983]  
Constitution 
of Special 
Courts 
5. (1) For the purposes of speedy trial of scheduled offences  
committed in a dacoity affected area, the State Government may, in 
consultation with the High Court, constitute, by notification as many 
special courts as may be necessary in or in relation to such dacoity 
affected area or areas as may be specified in such notification. 
 (2) A Special Court shall consist of a single judge who shall be 
appointed by the High Court from amongst the serving Sessions Judge or 
additional Session Judges. 
 Explanation — In this sub -section, the words “appoint” shall 
have the meaning assigned to it in the Explanation to section 9 of the 
Code of Criminal Procedure, 1973. 
Jurisdiction 
of Special 
Courts 
6. (1) Notwithstanding anything contained in the Code of Criminal 
Procedure, 1973 or any other law for the time being in force, a s cheduled 
offence shall be triable only by a Special Court. 
 (2) In trying any scheduled offences a special Court may also try 
any offence other than such offence with which a scheduled offender may 
be charged at the same trial under any law for the time being in force.   
Procedure 
and powers 
of Special 
Courts 
7. (1) A Special Court may take cogniza nce of any scheduled 
offences,– 
(a) upon receiving a complaint of facts which constitute such 
offence; 
 (b) upon a police report of such facts ; 
(c) upon infor mation received from any person other than a 
police officer, or upon its own knowledge that such offence has 
been committed : 
 Provided that all cases triable  by a Special Court under this Act, 
pending before any Court immediately before the date of the 
commencement of this Act in a  dacoity affected area, shall stand 
transferred to the Special Court having jurisdiction over such cases and 
shall be dealt with and disposed of in accordance with the provisions of 
this Act.  
 (2) A Special Court shall, while  trying a scheduled offence, so far 
as may be, follow the procedure provided by the Code of Criminal 
Procedure, 1973 for trial of sessions cases : 
 Provided that the Special Court may, wherever necessary, perform 
the functions of a Magistrate under sectio n 207 of the said Code and 
proceed to try the case as if the case had been committed to Court of 
Sessions for trial under the provisions of such Code.  
 (3) Save as otherwise expressly provided in this Act, the 
provisions of the Indian Evidence Act, 1872 and the Code of Criminal 
Procedure, 1973 shall,  in  so  far as  they  are not  inconsistent  with the  
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[The Uttar Pradesh Dacoity Affected Areas Act, 1983]  
 provisions of this Act, apply to the proceedings before a Special Court 
and for the purposes of the provisions of the said Code, the Special 
Court shall be deemed to be a Court of Sessions and the person 
conducting the prosecution before a Special Court shall be deemed to be 
a public prosecutor. 
 (4) A Special Court may, with a view to obtain the evidence of any 
person supposed to have been directly or indirectly concerned in or privy 
to any scheduled offence, tender a pardon to such person on condition 
of his ma king a full and true disclosure of the whole circumstances 
within his knowledg e relating to the offence and to  every other person 
concerned whether as principal or abettor in the commission thereof and 
any pardon so tendered shall for the purposes of secti on 308 of the said 
Code, be deemed to have been tendered under section 307 thereof. 
 (5) A Special Court may pass upon any accused person convicted 
by it any sentence authorized by law for the punishment of offence of 
which such person is convicted. 
Jurisdiction 
of Special 
Courts 
8. Notwithstanding  anything contained in the Code of Criminal 
Procedure, 1973,— 
(a) all offences under this Act, shall be triable only by the 
Special Courts constituted for the area in which the offence has 
been committed or where there are more Special C ourts than one 
for such area, by such one of them as may  subject to any general 
or special order of the High Court be specified in this behalf by 
the Sessions Judge; 
 (b) where the office  of the Special Judge is vacant or a 
Special Judge is absent or unable to act, the Sessions Judge may 
subject to any general or special order of the High Court dispose 
of or make arrangements for the disposal by an Addition al or 
Assistant Sessions Judge or if there be no Additional or Assistant 
Sessions Judge, by the Chief Judicial Magistrate, of any urgent 
application, which is or may be made or pending before such 
Special Judge every such Judge or Magistrate shall have 
jurisdiction to deal with any such application.    
Transfer of 
cases 
9. The provisions of sections 406, 407 and 408 of the Code of 
Criminal Procedure, 1973 shall mutatis  mutandis apply for the transfer 
of cases from one Special Court to another Special Court.  
Special 
provisions 
regarding bail 
10. Notwithstanding anything contain ed in the Code of Criminal 
Procedure, 1973, no person accused or convicted of a scheduled offence 
shall, if in custody, be released on bail or on his own bond, unless —   
 (a) the prosecution has been given an opportunity to oppose 
the application for bail, and  
(b) where the prosecution opposes the application for bail, 
the Court is satisfied that there are reasonable grounds for 
believing that he is not guilty of such offence : 
 
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[The Uttar Pradesh Dacoity Affected Areas Act, 1983]  
 Provided that a person accused of a scheduled offence, who has 
been in custody for a total period of one hundred and eighty days, may 
be released on bail, subject to such condition as the Court may think 
fit to impose ;  
 Provided fur ther that no such pers on, as is referred to in the 
preceding proviso, shall be so released — 
 (i) if he had been previously convicted of an offence punishable 
with death, imprisonment for life or imprisonment for seven years or 
more ; or  
 (ii) if he had  been previously convicted on two or more 
occasions of a non-bailable and cognizable offence ; or 
(iii) if he has committed a breach of any of the conditions of the 
bail subject to which he was released.     
Special 
provisions 
regarding 
custody after 
arrest 
11. (1) The provision of clause (a) of the proviso to sub - 
section (2) of section 167 of the Code of Criminal Procedure, 1973 
shall, in respect of a scheduled offence, apply with the modification as 
if a reference to one hundred and eighty days were sub stituted for the 
reference to ninety days.  
 (2) The provisions of clause (b) of the proviso to sub -section (2) 
of section 167 of the Code of Criminal Procedure, 1973 shall not apply 
to a person who is arrested for the commission of a scheduled offence 
if such person had been after such arrest produced before a Magistrate 
and the initial order for detention of such person in custody had been 
made by the Magistrate before whom he was so produced and the 
Investigating Officer for reasons to be recorded in wr
iting considers 
that it is not expedient in the interest of public order to produce such 
person before the Magistrate. 
 CHAPTER–III 
Offence and Penalty 
Punishment 
for offence 
against public 
servant 
12.  Whoever commits a scheduled offence against the per son 
of a public servant or against the person of a member of his family 
shall — 
(a) if such offence is punishable with death or imprisonment for 
life under the Indian Penal Code be punished with the punishment 
provided for the offence in the said Code, and  
 (b) in other cases be punished with imprisonment which may 
extend to ten years and with fine. 
Explanation — For the purposes of this section and section 
13, a member of family of a public servant shall mean his parents, 
spouses, sons and daughters, grandsons and grand -daughters and 
great grandsons and great -grand daughters and their spouses and 
shall include a person dependent on and residing with such public 
servant.  
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[The Uttar Pradesh Dacoity Affected Areas Act, 1983]  
Reasons to 
be recorded 
for not 
awarding 
punishment 
of death 
13. Notwithstanding anything  contained in sub -section (3) of  
section 354 of the Code of Criminal Procedure, 1973, when the 
conviction under this Act is for the murder of more than one person or 
murder of a public servant or a member of his family and where the 
sentence of death is not awar ded, the judgment shall state the special 
reasons for not awarding the death sentence.  
Punishment 
for scheduled 
offences 
generally 
14.  A person who commits a scheduled offence shall, if no 
specific punishment is provided for that offence in the Indian P enal 
Code and that offence is also not punishable under section 12 be 
punished with imprisonment which may extend to ten years and with 
fine.  
Punishment 
for 
possessing 
property not 
satisfactorily 
accounted 
for 
15.  Where a person living in a dacoity affe cted area is found to 
be in possession of property in that area or elsewhere in Uttar Pradesh 
for which he cannot satisfactory account for and which has been 
acquired by or as a result of the commission of a scheduled offence shall 
be punished with imprisonment which may extend to seven years and 
with fine. 
Minimum 
period of 
imprison-
nment 
16.  Notwithstanding anything contained in section s 14 and 15 
or any law for the time being in force the minimum punishment for a 
scheduled offence shall be imprisonment for three years.    
 CHAPTER–IV 
Attachment and Release of Property 
Attachment 
of property  
17.  (1) If the District Magistrate has reason to believe that a 
person living in a dacoity affected area has committed an offence 
punishable under section 15 he may make a declaration to that effect 
and order attachment of the property in respect of which such offence is 
believed to have been committed.  
 (2) The provisions of the Code of Criminal Procedure, 1973, shall, 
mutatis mutandis, apply to every attachment made under sub-section (1).  
 (3) Notwithstanding anything contained in the Code of Criminal 
Procedure, 1973, the District Magistrate may appoint an Administrator 
of any property attached under sub -section (1) and the Administrator 
shall have all the po wers to administer such property in the best 
interest thereof.   
 (4) The District Magistrate may provide police help to the 
Administrator for proper and effective administration of such property. 
(5) The expenses incurred on the administration of the pro perty, 
including the expenses relating to police help under sub-section (4) shall 
be a charge on the property concerned. 
Release of 
property 
18. (1) When the property is attached under section 17, the 
owner thereof may, within three months from the date o f knowledge of 
attachment, make a representation to the District Magistrate, showing 
the circumstances in and the means by which the property was 
acquired by him.  
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[The Uttar Pradesh Dacoity Affected Areas Act, 1983]  
 (2) If the District Magistrate is satisfied with the representation 
made under sub -section (1), he  may forthwith release the property 
from attachment and thereupon the property along with the profits, if 
any, after deducting all the expenses charged on the property shall  
vest in the owner thereof.  
Enquiry into 
the character 
of acquisition 
of property 
by Special 
Court 
19.  (1) If the District Magistrate is not satisfied with the 
representation made under section 18, he shall refer the matter with 
his report to the Special Court, having jurisdiction for deciding 
whether the property or any part thereof was or was not acquired by or 
as a result of the commission of a scheduled offence.  
 (2) On receipt of the reference under sub -section(1), the Special 
Court shall fix a date of enquiry and give notices thereof to the person 
making the representation and the State. O n the date so fixed, or on 
any subsequent date to which the enquir y may be adj ourned, the 
Special Court shall hear the parties, receiv e evidence produced by 
them, take such further evidence as it consider necessary and decide 
the reference.  
 (3) For the purposes of enquiry under sub -section (2), the 
Special Court shall have the power of a Civil Court, while trying a suit 
under the Code of Civil Procedure, 1908, in respect of the following 
matters, namely,— 
 (a) summoning and enforcing the att endance of any person 
and examining him on oath ; 
(b) requiring the discovery and production of documents ;    
 (c) receiving evidence on affidavits ; 
(d) requisitioning any public record or copy thereof from 
any court or office ; 
(e) issuing commission f or examination of witness or 
documents  ; 
 (f) dismissing a reference for default or deciding it ex parte ; 
(g) setting aside an order of dismissal for default or an 
order passed by it ex parte ; 
(h) any other matter which may be prescribed. 
 (4)  In any  proceeding under this section the burden of proving 
that the property or any part thereof mentioned in the representation 
under section 18 was not acquired by or as a result of the commission 
of a scheduled offence shall be on the person claiming the prop erty 
notwithstanding anything contained in the Indian Evidence Act, 1872.   
 
Confiscation 
of property 
20.  If the Special Court finds that the property was acquired 
by or as a result of the commission of a scheduled offence, it shall 
order confiscation of  the said property and shall transmit the records 
to the District Magistrate for execution of its order and in any other 
case, the property shall be ordered to be released forthwith.   
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[The Uttar Pradesh Dacoity Affected Areas Act, 1983]  
 CHAPTER–V 
Appeals 
No appeal to 
lie unless 
otherwise 
provided  
21.  No order passed and no decision made u nder this Act  shall 
be appealable except as hereinafter provided. 
Appeal from 
conviction 
22.  Any person convicted on a trial held by a Special Court 
under this Act may appeal to the High Court.   
Appeal from 
acquittal  
23. The State Government may in an y case direct the Public 
Prosecutor to present an appeal to the High Court from an order of 
acquittal passed by a Special Court under this Act.  
Appeal 
against order 
under section 
20 
24. (1) An appeal shall lie to the High Court against every 
decision of the Special Court made under section 20. 
(2) In any appeal preferred in the High Court under sub - 
section (1) the High Court may confirm, reverse , vary or modify the 
decision or direct that the matter be re-heard by the Special Court. 
Provision of 
Code of 
Criminal 
Procedure to 
apply to 
appeals 
25.  The provisions of Chapter XXIX of the Code of Criminal 
Procedure, 1973, shall mutatis mutandis, apply to every appeal preferred 
under section 22 or section 23. 
 CHAPTER–VI 
Miscellaneous 
Bar of 
jurisdiction 
of civil 
courts 
26.  No civil court shall have jurisdiction in respect of any matter 
which the Special Court is empowered by or under this Act to determine, 
and no injunction or interlocutory order interfering with the attachment 
or confiscation of the proper ty shall be granted by any court or other 
authority in respect of any action taken or to be taken in pursuance of 
any power conferred by or under this Act.   
Presumption 
in respect of 
kidnapping 
and 
abduction  
27.  In any trial of a scheduled offence unde r this Act where it is 
proved that — 
(i) the accused has kidnapped or abducted any person from 
dacoity affected area, it shall be presumed, unless the contrary is 
proved, that the accused has kidnapped or abducted such 
person for ransom.  
 (ii) the accuse d has wrongfully concealed or confined any 
person kidnapped or abducted from dacoity affected area, it shall 
be presumed, unless the contrary is proved, that the accused 
has concealed or confined such person knowing that such 
person has been so kidnapped or abducted.  
Protection of 
action taken 
in good faith 
28.  (1) No, suit, prosecution or other legal proceeding shall be 
against the State Government or any officer of the State Government for 
anything done or intended to be done in good faith in pursuance  of this 
Act or the rules made thereunder.     
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[The Uttar Pradesh Dacoity Affected Areas Act, 1983]  
 (2) No prosecution against an Administrator appointed under 
sub-section (3) of section 17 shall be instituted unless previous sanction 
of the District Magistrate has been obtained therefor.  
Act to have 
overriding 
effect 
29.  The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in any law for the time being 
in force. 
Power to 
make rules 
30.  The State Government may, by notification, make rules to 
carry out the provisions of this Act.   
Repeal and 
savings 
31. (1) The Uttar Pradesh Dacoity Affected Areas (Second) 
Ordinance, 1983 is hereby repealed. 
U. P. 
ordinance no. 
25 of 1983 
(2)  Notwithstanding such repeal, anything done or any action 
taken under the Ordinance referred to in sub -section (1) shall be 
deemed to have been done or taken under this Act as if the provisions of 
this Act were in force at all material times.    
 The Schedule 
[See section 2 (b)] 
 (i) Offences punishable under sections 216 -A, 302, 303, 304, 
307, 308, 325, 326, 327, 329, 331, 333, 363, 364, 365, 368, 369, 386, 
387, 392, 393, 394, 395, 396, 397, 398, 399, 400, 4 02 and 511 of 
Indian Penal Code;     
 (ii)  kidnapping or abducting any person for ransom ; 
(iii) assembling or making preparation or attempt for kidnapping 
or abducting a person for ransom ;    
 (iv)  making or mending or performing any part of the process of 
making or mending, buying, selling, possessing, disposing of, supplying 
or carrying arms or ammunition or expl osives for the commission of 
dacoity.   
 (v)  voluntarily supplying food materials, clothing, means of 
communication transport and other articles to the persons making 
preparation for dacoity or assembled for the purpose of committing 
dacoity or to the dacoits assembled after the commission of dacoity.    
 (vi)  mediating in the settlement or standing surety for, the 
payment of ransom to an abductor or a kidnapper ; 
(vii)  spying for the persons making preparation for dacoity or 
assembled for the purpose of committing dacoity or for the dacoits 
assembled after the commission of dacoity ;  
 (viii)  receiving benefits from the persons committing all or any of 
the above-mentioned offences. 
 
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