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The UTTAR PRADESH GANGSTERS AND ANTI-SOCIAL ACTIVITIES (PREVENTION) ACT, 1986

Uttar Pradesh · state statute
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60 
 THE UTTAR PRADESH GANGSTERS AND ANTI-SOCIAL 
ACTIVITIES (PREVENTION) ACT, 19861 
[U. P. ACT No. 7 of 1986] 
 Amended by  
U. P. Act No. 14 of 2016 
[As passed by the U ttar Pradesh Legislature, assented to by 
the President on March 19, 1986 and published in U. P. Gazette 
extraordinary on March 19, 1986.] 
 AN 
ACT 
to make special provisions for the prevention of and for 
coping with, gangsters and anti -social activities and for matters 
connected therewith or incidental thereto 
 IT IS HEREBY enacted in the Thirty -seventh Year of t he Republic 
of India as follows :β€” 
Short title, 
extent and 
commen-
cement 
1. (1) This Act may be called  the Uttar Pradesh Gangsters and 
Anti-Social Activities (Prevention) Act, 1986. 
(2) It extends to the whole of Uttar Pradesh.  
(3) It shall be deemed to have come into force on January 15, 1986.  
Definition 
 
Act no. 2 of 
1974 
2.  In this Act, β€” 
(a) β€œCode” means the Code of Criminal Procedure, 1973 ; 
 (b) β€œGang” means a group of persons, who acting either singly 
or collectively, by violence, or threat or show of violence, or 
intimidation, or coercion or otherwise with the object of disturbing 
public order or of gaining any undue temporal, pecuniary, material or 
other advantage for himself or any other person, indulge in anti -social 
activities, namely β€”   
Act no. 45 of 
1860 
(i) offences punishable under Chapter XVI, or Chapter XVII, or 
Chapter XXII of the Indian Penal Code, or 
U. P. Act. no. 
4 of 1910, 
Act no. 61 of 
1985. 
(ii) distilling or manufacturing or storing or transporting or 
importing or exporting  or selling or distributing any liquor, or 
intoxicating or dangerous drugs, or other int oxicants or narcotics or 
cultivating any plant, in contravention of any of the provisions of the U. 
P. Excise Act, 1910 or the Narcotic Drugs and Psychotropic Substances 
Act, 1985 or any other law for the time being in force, or  
 (iii) occupying or taking possession of immovable property 
otherwise than in accordance with law, or setting -up false claims, for 
title or possession of immoveable property whether in himself or any 
other person, or  
 (iv) preventing or attempting to prevent any public servant or 
any witness from discharging his lawful duties, or  
β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”  
1. For SOR see at the end of this Act. 
[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
62 
Act no. 104 of 
1956. 
 
Act no. 3 of 
1867 
(v) offences punishable under the Suppression of Immoral 
Traffic in Women and Girls Act, 1956, or  
(vi) offences punishable under section 3 of the Public 
Gambling Act, 1867, or 
 (vii) preventing any person from offering bids in auction 
lawfully conducted, or tender, lawfully invi ted, by or on behalf of  any 
Government department, local body or public or private undertaking, 
for any lease or rights or supply of goods or work to be done, or   
 (viii) preventing or disturbing the smooth running by any 
person of his lawful business, profession, trade or employment or any 
other lawful activity connected therewith, or 
 (ix) offences punishable under section 171 -E of the Indian 
Penal Code, or in preventing or obstructing any public election being 
lawfully held, by physically preventing the voter from exercising his 
electoral rights, or  
 (x) inciting others to resort to violence to disturb communal 
harmony, or  
(xi) creating panic, alarm or terror in public, or  
 (xii) terrorising or assaulting employees or owners or occupiers 
of public or private undertaking or factories and causing mischief in 
respect of their properties, or  
 (xiii) inducing or attempting to induce any person to go  to 
foreign countries on false representation that any employment, trade 
or profession shall be provided to him in such foreign country, or 
 (xiv) kidnapping or abducting any person with intent to extort 
ransom, or  
(xv) diverting or otherwise  preventing any aircraft or public 
transport vehicle from following its scheduled course ;  
 1 [(xvi) offences punishable under the Regulation of Money 
Lending Act, 1976 ; 
1(xvii) illegally transporting and/or smuggling of cattle and 
indulging in acts in contravention  of the provisions in the Prevention 
of Cow Slaughter Act, 1955 and the Prevention of Cruelty to Animals 
Act, 1960 ; 
 1(xviii) human trafficking for purposes of commercial 
exploitation, bonded labour, child labour, sexual exploitation, organ 
removing and trafficking, beggary and the like activities ; 
 1(xix) offences punishable under the Unlawful Activities 
(Prevention) Act, 1966 ; 
1(xx) printing, transporting and circulating of fake Indian 
currency notes ; 
 1(xxi) involving in production, sale and distr ibution of spurious 
drugs ; 
β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”  
1. Ins. by sec. 2 of U.P. Act No. 14, 2016. 

[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
64 
 1[(xxii) inv olving in manufacture, sale and transportation of 
arms and ammunition in contravention of sections 5, 7 and 12 of the 
Arms Act, 1959 ; 
1(xxiii) felling or killing for economic gains, smuggling of 
products in contravention of the Indian Forest Act, 1927 and  the 
Wildlife Protection Act, 1972 ; 
 1(xxiv) offences punishable under the Entertainment and 
Betting Tax Act, 1979 ; 
1(xxv) indulging in crimes that impact security of State, public  
order and even tempo of life.]1 
 (c) β€œgangster” means a member or leade r or organizer of a gang 
and includes any person who abets or assists in the activities of a 
gang enumerated in clause (b), whether before or after the 
commission of such activities or harbors any person who has 
indulged in such activities ;  
 (d) β€œpublic  servant” means a public servant as defined in 
section 21 of the Indian Penal Code or any other law for the time 
being in force, and includes any person who lawfully assists the police 
or other authorities of the State, in investigation or prosecution or 
punishment of an offence punishable under this Act, whether by 
giving information or evidence relating to such offence or offender or 
in any other manner ;  
 (e) β€œmember of the family of a public servant” means his 
parents or spouse and brother, sister, so n, daughter, grandson, 
grand-daughter or the spouses of any of them, and includes a person 
dependent on or residing with the public servant and a person in 
whose welfare the public servant is interested ; 
 (f) words and phrases used but not defined in thi s Act and 
defined in the Code of Criminal Procedure, 1973, or the Indian Penal 
Code shall have the meanings respectively assigned to them in such 
Codes.  
Penalty 3.  (1) A gangster shall be punished with imprisonment of 
either description for a term which  shall not be less than two ye ars 
and which may extend to ten years and also with fine which shall not 
be less than five thousand rupees : 
 Provided that a gangster who commits an offence against the 
person of a public servant or the person of a member of the family of a 
public servant shall be punished with imprisonment of either 
description for a term which shall not be less than three years and 
also with fine which shall not be less than five thousand rupees.   
 (2) Whoever being a public servant rende rs any illegal help  
or  support  in  any  manner to a gangster,  whether  before or  after  the  
β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”β€”  
1. Ins. by sec. 2 of U.P. Act No. 14 of 2016. 

[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
66 
 commission of any offence by the gangster (whether by himself or 
through others) or abstains from taking lawful measures or 
intentionally avoids to carry out the directions of any court or of his 
superior officers, in this respect, shall be punished with imprisonmen t 
of either description for a term which may extend to ten years but shall 
not be less than three years and also with fine. 
Special Rules 
of Evidence 
 
Act No. 11 of 
1872 
4.  Notwithstanding anything to the contrary contained in the 
Code or the Indian Evid ence Act, 1872, for the purposes of trial and 
punishment for offences under this Act or connected offences ; 
(a) the court may take into consideration the fact that the 
accused was β€” 
 
 
 
 
Act No. 8 of 
1971 
(i) on any previous occasion bound down under sect ion 107 or 
section 108 or section 109 or section 110 of the Code, or  
(ii) detained under any law relating to preventive detention, or  
(iii) extend  under the Uttar Pradesh Control of Goondas Act, 
1970 or any other such law ;  
 (b) where it is proved that  a gangster or any person on his 
behalf is or has at any time been, in possession of movable or 
immovable property which he cannot satisfactorily account for or 
where his pecuniary resources are disproportionate to his known 
sources of income, the Court sh all, unless contrary is proved, presume 
that such property or pecuniary resources have been acquired or 
derived by his activities as a gangster ; 
 (c) where it is proved that the accused has kidnapped or 
abducted any person, the court shall, presume that it was for ransom ; 
(d) where it is proved that a gangster has wrongfully concealed 
or confined a kidnapped or abducted person, the Court shall presume 
that the gangster knew that such person was kidnapped or abducted, 
as the case may be ;  
 (e) the Court may, if for reasons to be recorded it thinks fit so to 
do, proceed with the trial in the absence of the accused and record the 
evidence of any witness, provided that the witness may be recalled for 
cross-examination if the accused so desires but recording  his 
examination in chief afresh in presence of the accused shall not be 
necessary.  
Special 
courts 
5.  (1) The State Government may if it considers necessary so to 
do in the interest of speedy trial of offences under this Act, for the 
whole or any part of the State, constitute one or more Special Courts.  
(2) A Special Court shall be presided over by a judge to be 
appointed by the State Government with the concurrence of the Chief 
Justice of the High Court.  
 (3) The State Government may also appoint, wi th the 
concurrence of the Chief Justice of the High Court, Additional Judges 
to exercise jurisdiction in  a Special Court.  
[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
68 
 (4) A person shall not be qualified for appointment as a judge or 
an additional Judge of a Special Court unless he is, immediately before 
such appointment, a session’s judge or an additional sessions judge in 
any State.   
 (5) Where the office of the Judge of the Special Court is vacant, 
or such Judge is absent from the ordinary place of sitting of Special 
Court, or he is in capacitated by illness or otherwise for the 
performance of his duties, any urgent business in the Special Court 
shall be disposed of β€” 
 (a) by the additional judge, if any, exercising jurisdiction in that 
Special Court,  
(b) where there is no such additional judge available, in 
accordance with the directions of the Sessions Judge having 
jurisdiction over the ordinary place of sitting of the  Special Court as 
notified.  
 (6) Where one additional Judge is, or more additional judges are 
appointed in a Special Court, the Judge of the Special Court may, from 
time to time, by general or Special order, in writing, provide for the 
distribution of bu siness of the Special Court among himself and the 
additional judge or additional judges and also for the disposal of urgent 
business in the event of the absence of any additional judge.  
Place of 
sitting 
6.  A Special Court may, if it considers it expedie nt or desirable 
so to do, sit for any of its proceedings at any place, other than the 
ordinary place of its sitting : 
 Provided that if the Public Prosecutor certifies to the Special 
Court that it is, in his opinion necessary for the protection of the 
accused or any witness or otherwise expedient in the interest of justice 
that the whole or any part of the trial should be held at some place 
other than the ordinary place of its sitting, the Special Court may, after 
hearing the accused make an order to that effect unless, for reasons to 
be recorded in writing, the Special Court thinks fit to make any other 
order.  
Jurisdiction 
of Special 
Courts 
7.  (1) Notwithstanding anything contained in the Code, where a 
Special Court has been constituted for any local ar ea, every offence 
punishable under any provision of this Act or any rule made 
thereunder shall be triable only by the Special Court within whose 
local jurisdiction it was committed whether before or after the 
constitution of such Special Court.   
 (2) All  cases triable by a Special court, which immediately 
before constitution of such Special Court were pending before any 
court, shall on creation of such Special Court having jur isdiction over 
such cases, stand transferred to it. 
 (3) Where it appears to any court in the course of any inquiry or 
trial in respect of any offence that the case is one which should be tried 
by Special Court constituted under this Act for the area in which such  
[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
70 
 case has arisen, it shall  transfer such case to such Special Court, and 
thereupon such case shall be tried and disposed of by the Special 
Court in accordance with the provisions of this Act : 
 Provided that it shall be lawful for the Special Court to act on 
the evidence, if any, recorded by the cou rt in the case in the presence 
of the accused before the transfer of the case under this section : 
 Provided further that if the Specia l Court is of opinion that 
further examination of any of the witnesses whose evidence is already 
recorded in the case is necessary in the interest of justice, it may re -
summon any such witness and after such further examination, cross -
examination and re -examination if any, as it may permit, the witness 
shall be discharged. 
 (4) The State Government may, if satisfied that it is necessary 
or expedient in the public interest so to do, transfer any case pending 
before a Special Court to another Special Court.   
Power of 
Special 
Courts with 
respect to 
other 
offences 
8.  (1) When trying any offence punishable under this Act a 
Special Court may also try any other offence with which the accused 
may, under any other law for the time being in force, be charged at th e 
same trial.  
 (2)  If in the course of any trial under this Act of any offence, it 
is found that the accused has committed any other offence under this 
Act or any rule thereunder or under any other law, the Special Court 
may convict such person of such other offence and pass any sentence 
authorized by this Act or such rule or, as the case may be, such other 
law, for the punishment thereof.  
Public 
Prosecutor  
9.  (1) For every Special Court, the State Government shall 
appoint a person to be the Public P rosecutor and may appoint one or 
more persons to be the Additional Public Prosecutor or Additional 
Public Prosecutors : 
Provided that the State Government may also appoint for any 
case or class of cases a Special Public Prosecutor.  
 (2) A person shall be  eligible to be appointed as Public 
Prosecutor or an Additional Public Prosecutor or a Special Public 
Prosecutor under this section only if he has been in practice as an 
advocate for not less than seven years or has held any post, for a 
period of not less than seven years, under the Union or State, requiring 
special knowledge of law.  
 (3) Every person appointed as a Public Prosecutor or an 
Additional Public Prosecutor or Special Public Prosecutor under this 
section shall be deemed to be a Public Prosecuto r within the meaning 
of clause (u) of section 2 of the Code, and the provisions of the Code 
shall have effect accordingly.  
Procedure 
and powers 
of Special 
Courts 
10.  (1) A Special Court may take cognizance of any offence 
triable by it, without the accus ed being committed to it for trial upon 
receiving a complaint of facts which constitute such offence or upon a 
police report of such facts.  
[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
72 
 (2) Where an offence triable by a Special Court is punishable 
with imprisonment for a term not exceeding three years or with fine or 
with both, the Special Court may , notwithstanding anything contained 
in sub -section (1) of section 260 or section 262 of the Code, try the 
offence in a summary way in accordance with the procedure prescribed 
in the Code and the provisions of sections 263 to 265 of the Code, 
shall, so far as may be, apply to such trial : 
 Provided that when in the course of a summary trial under this 
sub-section, it appears to the Special Court that the nature of the case 
is such that it is undesirable to try in a summary way, the Special 
Court shall reca ll any witnesses who may have been examined and 
proceed to rehear the case in the manner provided by the provisions of 
the Code for the trial of such offence and the said provisions shall 
apply to and in relation to a Special Court as they apply to and in 
relation to a Magistrate : 
 Provided further that in the case of any conviction in a 
summary trail under this sub -section, it shall be lawful for a Special 
Court to pass sentence of imprisonment for a term not exceeding two years.  
 (3) A Special Court may, with a view to obtaining the evidence of 
any person supposed to have been directly or indirectly concerned in,  
or privy to an offence, tender a pardon to such person, on condition of 
his making a full and true disclosure of the whole circumstances 
within his knowledge relative 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 section 308 of 
the Code, be deemed to have been tendered under section 307 thereof.   
 (4) Subject to the other provisions of this Act a Special Court 
shall for the purpose of trial of any offence, have all the powers of a 
Court of session and shall follow the procedure prescribed in the Code 
for the trial of warrant cases by the Magistrate.  
 (5) Subject to the other provisions of this Act every case 
transferred to a Special Court under subs -section (3) of section 7 shall 
be dealt with as if such case had been transferred under section 406 of 
the Code to such Special Court.  
Protection of 
witnesses 
11.  (1) Notwithstanding anything contained in the Code all 
proceedings before a Court trying an offence under this Ac t shall be 
conducted in camera : 
Provided that where the Public Prosecutor so applies, any 
proceedings or part thereof may be held in open court.   
 (2) Such Court may, on an application made by a witness in 
any proceedings before it or by the Public Prosecutor in relation to 
such witness or on its own motion, take such measures as it deems fit 
for keeping the identity and address of the witness secret.  
 (3) In particular and without prejudice to the generality of the 
provisions of sub-section (2), the measures which such Court may take 
under that sub-section may include :β€” 
[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
74 
 (a) the avoiding of the mention of the names and addressed of 
the witnesses in its orders or judgment or in any records of the case 
accessible to public ;  
(b) the issuing of any directions for securing that the identity 
and addresses of the witnesses are not disclosed.  
 (4) An y person who contravenes any directio n issued under 
sub-section (3) shall be punishable with imprisonment for a term 
which may extend to one year and with fine which may extend to one 
thousand rupees.  
Trial by 
Special Courts 
to have 
precedence  
12.  The trial under this Act of any offence by Special Court 
shall have precedence over the trial of any other case against the 
accused in any other court (not being a Special Court) and shall be 
concluded in preference to the trial of such other case and accordin gly 
the trial of such other case shall remain in abeyance.  
Power to 
transfer cases 
to regular 
courts 
13.  Where after taking cognizance of any offence, a Special 
Court is of opinion that the offence is not triable by it, it shall, 
notwithstanding that it  has no jurisdiction to try such offence, 
transfer the case for trial of such offence to any court having 
jurisdiction under the Code and the court to which the case is 
transferred may proceed with the trial of the offence as if it has taken 
cognizance of the offence.   
Attachment of 
property 
14.  (1) If the District Magistrate has reason to believe that any 
property, whether movea ble or immovable, in possession of any 
person has been acquired by a gangster as a result of the commission 
of an offence triab le under this Act, he may order attachment of such 
property whether or not cognizance of such offence has been taken by 
any Court.  
 (2) The provisions of the Code shall, mutatis mutandis apply to 
every such attachment.  
(3) Notwithstanding the provisions  of the Code the District 
Magistrate may appoint an Administrator of any property attached 
under sub-section (1) and the administrator shall have all the powers 
to administer such property in the best interest thereof.  
 (4) The District Magistrate may pr ovide police help to the 
Administrator for proper and effective administration of such 
property.  
Release of 
property 
15.  (1) Where any property is attached under section 14, the 
claimant thereof may within three months from the date of kn owledge 
of such attachment make a representation to the District Magistrate 
showing the circumstances in and the sources by which such 
property was acquired by him.  
 (2) If the District Magistrate is satisfied about the genuinenes s 
of the claim made under sub -section (1) he shall forthwith release the 
property from attachment and thereupon such property shall be made 
over to the claimant.  
Inquiry into 
the character 
of acquisition 
of property by 
court 
16.  (1) Where no representation is made within the period 
specified in sub-section (1) of section 15 or the District Magistrate does 
not  release the  property under sub-section (2) of section 15  he  shall  
[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
76 
 refer the matter with his report to the Court having jurisdiction to try 
an offence under this Act.   
 (2) Where the District Magistrate has refused to attach any 
property under sub -section (1) of section 14 or has ordered for release 
of any property under sub -section (2) of section 15, the State 
Government or any person aggrieved by such refusal or release may 
made an application to the court referred to in sub -section (1) for 
inquiry as to whether the property was acquired by or as a result of the 
commission of an offence triable under this Act. Such court may, if it 
considers necess ary or expedient in the interest of justice so to do, 
order attachment of such property.   
 (3) (a) On receipt of the reference under sub -section (1) or an 
application under sub -section (2), the court shall fix a date for inquiry 
and give notices thereof to the person making the application under 
sub-section (2) or, as the case may be, to the person making the 
representation under section 15 and to the State Government, and also 
to any other person whose interest appears to be involved in the case.  
 (b) On the date so fixed or on any subsequent date to which the 
inquiry may be adjourned, the court shall hear the parties, receive 
evidence produced by them, take such -further evidence as it considers 
necessary, decide whether the property was acquire by a ga ngster as a 
result of the Commission of an offence triable under this Act and shall 
pass such order under section 17 as may be just and necessary in the 
circumstances of the case.  
 (4) For the purpose of inquiry under sub -section (3) the 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 :β€” 
 (a) summoning and enforcing the attendance 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 for examination of witnesses or 
documents ;  
 (f) dismissing a reference for default or deciding it ex parte ; 
(g) setting aside an order of dismissal for default or ex-parte 
decision.   
 (5) In any proceedings under this section, the burden of proving 
that the property in question or any part thereof was not acquired by a 
gangster as a result of the commission of any offence triable under this 
Act, shall be on the person claiming the property, anything to the 
contrary contained in the Indian Evidence Act, 1872 notwithstanding. 
[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
78 
Order after 
inquiry  
17.  If upon such inquiry the Court finds that the property was 
not acquired by a gangster as a result o f the commission of any offence 
triable under this Act it shall order for release of the property to the 
person from whose possession it was attached. In any other case the 
Court may make such order as it thinks fit for the disposal of the 
property by attachment, confiscation or delivery to any person entitled 
to the possession thereof, or otherwise.  
Appeal 18.  The provisions of Chapter XXIX of the Code shall, mutatis 
mutandis, apply to an appeal against any judgment or order of a Court 
passed under the provisions of this Act.  
Modified 
application 
of certain 
provisions of 
the Code 
19.  (1) Notwithstanding anything contained in the Code every 
offence punishable under this Act or any rule made thereunder shall 
be deemed to be a cognizable offence within t he meaning of clause (c) 
of section 2 of the Code and cognizable case as defined in that clause 
shall be construed accordingly.  
 (2) Section 167 of the Code shall apply in relation to a case 
involving an offence punishable under this Act or any rule made  
thereunder subject to the modifications that β€” 
 (a) the reference in sub -section (1) thereof to β€œJudicial 
Magistrate” shall be construed as a reference to β€œJudicial Magistrate or 
Executive Magistrate” ;   
 (b) the references in sub -section (2) thereof t o β€œfifteen days” 
β€œninety days” and β€œsixty days”, wherever they occur, shall be construed 
as references to  β€œsixty days”, β€œone year” and β€œone year”, respectively ; 
(c) sub-section (2-A) thereof shall be deemed to have been omitted. 
 (3) Sections 366, 367, 368 and 371 of the Code shall apply in 
relation to a case involving an offence triable by a Special Court, 
subject to the modification  that the reference to β€œCourt of Session” 
wherever occurring therein, shall be construed as reference to β€œSpecial 
Court”.  
 (4) Notwithstanding anything contained in the Code, no person 
accused of an offence punishable under this Act or any rule made 
thereunder shall, if in custody, be released on bail or on his own bond 
unless :β€” 
(a) the Public Prosecutor has been given an opportunity to 
oppose the application for such release, and  
 (b) where the public Prosecutor opposes the application, the 
Court is satisfied that there are reasonable grounds for believing that 
he is not guilty of such offence and that he is not likely t o commit any 
offence while on bail.  
 (5) The limitations on granting of bail specified in sub -section 
(4) are in addition to the limitations under the Code.  
Overriding 
effect  
20.  The provisions of this Act or any rule made thereunder 
shall have effec t notwithstanding anything inconsistent therewith 
contained in any other enactment.  
[The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986] 
80 
Presumption 
as to order 
 
Act No. 1 of 
1872 
21.  Where an order purports to have been made and signed by 
an authority in exercise of any power conferred by or under this Act, a 
court shall, within the meaning of the Indian Evidence Act, 1872, 
presume that such order was so made by that authority.  
Protection of 
action taken 
in good faith 
22.  No suit, prosecution or other legal proceeding shall lie 
against the State Government or any Officer or authority of the State 
Government for anything which is in good faith d one or intended to be 
done in pursuance of this Act or any rules made thereunder.  
Power to 
make rule 
23.  (1) The State Government may, by notification, make rules 
for carrying out the purposes of this Act.  
(2) The rules made under sub -section (1) may p rovide that any 
contravention of any of the provisions of the rules shall be punishable 
with imprisonment for a term not exceeding six months with or without 
fine not exceeding rupees one thousand.  
Repeal and 
saving 
 
Ordinance 
No. 4 of 1986 
24.  (1) The Uttar Pradesh Gangsters and Anti -social Activities 
(Prevention) Ordinance, 1986, is hereby repealed.  
(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 o r taken under the corresponding 
provisions of this Act as if the provisions of this Act were in force at all 
material times.  
  
_____ 
 
STATEMENT OF OBJECTS AND REASONS 
 
Gangsterism and anti -social activities were on the increase in the State posting 
threat to lives and properties of the citizens. The existing measures were not found 
effective enough to cope with this new menace. With a view to break the gangs by 
punishing the gangsters and to nip in the bud their conspiratorial designs, it was 
considered necessary to make special provisions for the prevention of, and for coping 
with gangsters and anti-social activities in the State. 
Since the State Legislature was not in session and immediate legislative action 
in the matter was necessary, the Uttar Pradesh  Gangsters and Anti -social Activities 
(Prevention) Ordinance, 1986 (U.P. Ordinance no. 4 of 1986) was promulgated by the 
Governor on January 15, 1986, after obtaining prior instructions of the President.  
The Uttar Pradesh Gangsters and Anti -social Activities (Prevention) Bill, 1986 is 
accordingly introduced with certain necessary modification to replace the aforesaid  
Ordinance. 
 
 
 
 
 
 
 
 
 
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