Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Sand offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982
(Tamil Nadu Act No. 14 of 1982)
LEGISLATIVE HISTORY |
· Amended by Act No. 52 of 1986 · Amended by Act No. 1 of 1988 · Amended by Act No. 32 of 2004 · Amended by Act No. 16 of 2006 · Amended by Act No. 19 of 2014 · Amended by Act No. 20 of 2014
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The following Act of the Tamil Nadu Legislature received the assent of the President on the 12th March 1982, first published in the Tamil Nadu Government Gazette Extraordinary on the 13th March 1982 (Masi 29, Thunmathi, Thiruvallur Aandu 2013) and is hereby published for general information:-
An Act to provide for preventive detention of bootleggers, [cyber law offenders], drug offenders, [forest-offenders], goondas, immoral traffic offenders, [sand-offenders], [sexual-offenders], slum-grabbers and video pirates131 for preventing their dangerous activities prejudicial to the maintenance of public order.
Whereas public order is adversely affected every now and then by the dangerous activities of certain persons, who are known as bootleggers, [cyber law offenders], drug offenders, forest-offenders,121 goondas, immoral traffic offenders, [sand-offenders], [sexual-offenders], slum-grabbers and [video pirates];
And whereas having regard to the resources and influence of the persons by whom, the large scale on which, and the manner in which, the dangerous activities are being clandestinely organized and carried on in violation of law by them, as bootleggers, [cyber law offenders], drug offenders, [forest-offenders], goondas, immoral traffic offenders, [sand offenders], [sexual-offenders], slum-grabbers and [video pirates] in the State of Tamil Nadu, and particularly in its urban areas ([and forest areas],) it is necessary to have a special law in the State of Tamil Nadu to provide for preventive detention of these five six seven eight 121131141161 classes of persons and for matters connected therewith.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India as follows:-
1. Short Title, extent and commencement. - (1) This Act may be called the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders,161 Drug offenders, [forest-offenders], Goondas, Immoral Traffic Offenders, [sand-offenders], [sexual-offenders], Slum-grabbers and [video pirates] Act, 1982.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall be deemed to have come into force on the 5th January 1982.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "acting in any manner prejudicial to the maintenance of public order", means -
(i) in the case of a bootlegger, when he is engaged, or is making preparations for engaging, in any of his activities as a bootlegger, which affect adversely, or are likely to affect adversely, the maintenance of public order;
[(iA) in the case of a cyber law offender, when he is engaged, or is making preparations for engaging, in any of his activities as a cyber law offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;]
(ii) in the case of a drug-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a drug-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;
[(iiA) in the case of a forest-offender, when he is engaged or is making preparations for engaging, in any of his activities as a forest-offender, which affect adversely, or are like to affect adversely, the maintenance of public order;]
(iii) in the case of a goonda, when he is engaged, or is making preparations for engaging, in any of his activities as a goonda which affect adversely, or are likely to affect adversely, the maintenance of public order;
(iv) in the case of an immoral traffic offender, when he is engaged, or is making preparations for engaging, in any of his activities as an immoral traffic offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;
[(iv A) in the case of a sand-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a sand-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order
[(iv B) in the case of a sexual-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a sexual-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;]
(v) in the case of a slum-grabber, when he is engaged, or is making preparations for engaging, in any of his activities as a slum-grabber, which affect adversely, or are likely to affect adversely, the maintenance of public order;
[(vi) in the case of a video pirate, when he/she is engaged or is making preparations for engaging, in any of his/her activities as a video pirate, which affect adversely, or are likely to affect adversely, the maintenance of public order.]
Explanation. - For the purpose of this clause (a), public order shall be deemed to have been affected adversely, or shall be deemed likely to be affected adversely, inter alia, if any of the activities of any of the persons referred to in this clause (a) directly or indirectly, is causing or calculated to cause any harm, danger or alarm or a feeling of insecurity, among the general public or any section thereof or a grave or widespread danger to life or public health or ecological system;12
(b) "bootlegger" means a person, who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) and the rules, notifications and orders made there under, or in contravention of any other law for the time being in force, or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacle or any other material whatsoever in furtherance or support of the doing of any of the above mentioned things by or through any other person, or who abets in any other manner the doing of any such thing;
[(bb) "cyber law offender" means a person, who commits or attempts to commit or abets the commission of any offence, punishable under Chapter XI of the Information Technology Act, 2000 (Central Act 21 of 2000);]
(c) "detention order" means an order made under Section 3;
(d) "detenu" means a person detained under a detention order;
(e) "drug-offender" means a person, who manufactures, stocks, imports, exports, sells or distributes any drug or cultivates any plant or does any other thing in contravention of any of the provisions of the Drugs and Cosmetics Act, 1940 (Central Act XXIII of 1940) [the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985)] and the rules, notification and orders made under either Act, or in contravention of any other law for the time being in force, or who knowingly expends or applies any money in furtherance or support of the doing of any of the above mentioned things by or through any other person, or who abets in any other manner the doing of any such things;
[(ee) "forest-offender" means a person, who commits or attempts to commit or abet the commission of offences, punishable under Chapter II or Chapter III or Chapter V or Chapter VI-B or Chapter VII of the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) or under Chapter VI of the Wild Life (Protection) Act, 1972 (Central Act 53 of 1972);]
(f) "goonda" means a person who either by himself or as a member of or leader of a gang, [habittuaaly] commits, or attempts to commit or abets the commission of offences, punishable under section 153 or section 153-A under chapter VIII or under Chapter XVI other than sections 354, 376, 376-A, 376-B, 376-C, 376-D, and 377171 or Chapter XVII or Chapter XXII of the Indian Penal Code 1860 (Central Act XLV of 1860) or punishable under section 3 or section 4 or section 5 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (Tamil Nadu Act 59 of 1992);
(g) "immoral traffic offender" means a person who commits or abets the commission of, any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956);
[(gg) "sand-offender" means a person who commits or attempts to commit or abets the commission of offences in respect of ordinary sand punishable under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) or under the Tamil Nadu Minor Mineral Concession Rules, 1959;]
[(ggg) "sexual-offender" means a person who commits or attempts to commit or abets the commission of any offence punishable under sections 354, 376, 376-A, 376-B, 376-C, 376-D or 377 of the Indian Penal Code (Central Act XLV of 1860) or the Tamil Nadu Prohibition of Harassment of Women Act, 1998 (Tamil Nadu Act of 44 of 1998) or the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012);]
(h) "slum-grabber" means a person, who illegally takes possession of any land (whether belonging to Government, local authority or any other person) or enters into, or creates illegal tenancies or leave and licence agreements or any other agreement in respect of such lands; or who constructs unauthorised structures thereon for sale or hire, or gives such lands to any person on rental or leave and licence basis for construction or use and occupation of unauthorised structures or who knowingly gives financial aid to any person for taking illegal possession of such lands, or for construction of unauthorized structures thereon, or who collects or attempts to collect from any occupier of such lands, rent compensation or other charges by criminal intimidation or who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure; or who abets in any manner the doing of any of the above mentioned things;
(i) "unauthorised structure" means any structure constructed without express permission in writing of the appropriate authority under and in accordance with, any law for the time being in force in the area concerned.
[(j) "video pirate" means a person, who commits or attempts to commit or abets the commission of offences of infringement of copy right in relation to a cinematograph film or a record embodying any part of sound track associated with the film, punishable under the Copy Right Act, 1957 (Central Act XIV of 1957)".]
Introduction:
In 1923 bengal was the first state to impose this act ,later on some form or other most of the states are using this act at present.In the present fast growing urban areas and their out skirts bonded with lack of peace and abnormal livelihood due to the individual’s engaging in the unlawful activities which causes adverse infection for the society, so government of Tamil nadu have raised their iron hands to confine the offenders to avoid such barbaric action towards the common people. the government of Tamil Nadu have made lots of reforms and alteration in the Goondas action according to circumstance of the state. according to the newly given amendment the offenders are differentiated in to eight categories and they are bootleggers,sand offenders,sexual offenders,forest offenders,video pirates,slum-grabbers,drug-offenders,immoral traffic offenders and goondas. the slum-grabbers and immoral traffic offenders are mostly seen in urban areas.the definition of the categories as follows:
1. Bootleggers are the individuals who gives or sells or distributes illegal goods which adversely affects the decorum of the society and they offenders under goondas act
2. Slum grabbers works as group or a individuals whose intent to grab or possess the land belongs to slum through threatening or by means of paid goons and they largely affects the basic routine of the poor and needy people who lives in slum areas ,these groups are criminal offenders under law.
3. Immoral traffic offenders are drivers or may not, the person who gives threat to the other people in a traffic or offend by means of their action or by means of their driving ,such offenders comes under this category
4. Goons or Goondas are the individuals or groups who attacks or threats the civilian by the order of someone for the sake of money or doing such action to possess any form of assets, these people are criminal offenders under the act.
5. Drug offenders are the people who sells or supplies illegal substances or drugs which is prohibited or banned by the government, such action adversely affects the future of the youngsters and children. these offenders or highly punishable by the given act.
6. The offenders those who steal or loot sand in the river bed and smuggling woods and parched animal skin with out a proper authorization are sand offenders and forest offenders and they are punishable through this act.
7. Video piracy offenders are digital pirate where they cause only financial crisis ,even these offenders also applicable in this act.
8. Habitual sexual offenders or sexual offender who imposed more violence during the circumstance ,in such case offender gets rigorous punishment under this law.
REMEDIES ON GROUNDS OF CHARGING A PERSON UNDER THIS ACT AND THEIR CONSEQUENCES:
1. To detain a person under Goondas act ,it is not necessary that there should be more than one or cases which has the propensity of disturbing the public order.(said by high court)
2. Of all the cases concerned by a person, if a single case has a propensity of disturbing the tranquility of the public order, that is enough to pass the order for detention.
3. There is no straight jacket formula or a universal rule in the respect number of cases for detention because the necessity of the detention depends on the circumstances and the situation of the case.
4. But to consider a person as a goondas under the Tamil Nadu prevention of dangerous activities act,it is enough that the concerned person is charged more than a case or the person is a habitual offender.
5. Video piracy also been enforced by this act,when a person unlawfully distributes or sells cds or publishes in internet forum of a copyrighted visual product then the per son can be a offender under this act
6. Frequent opposing of a state’s policy through unlawful gathering or provoking others for the same cause which causes a dent in the state administration then the person can be charged under this act
7. In emergency situations, such as election period, political leaders visit to the state etc.,in such circumstances police officials impose this act on the habitual offenders for the safety of the society.
REMEDIES OF FALSE FIR
Now a days this act became a easy tool for the police department to detain the person without giving a opportunity for the personal enquiry of his /her side story before the courts.the highest level officers have authority to impose a goondas act on person without a fair trail process which is a important drawback of the act because police decides the person whether he/she is a goondas or not. on the ground where a false fir can be filed as follows:
1. This act is associated with the people who show political dissent or voice out against government policy, periodically the case under the political dissent has been increased because of the government’s personal grievance which leads to the fir under the false charges.
2. in some circumstances, some petty offenders have been charged under this act ,who is not applicable for this act. thus action is done by police officials for their personal aspects and this act is highly abused by the police officials
3. video piracy is a digital piracy where only financial crisis occur but there wont be any propensity of disturbing the public order but this offense has been added in this act which is Un-reasonable
Advocate role in remedies:
When a person is detained under a false fir or if a person’s detention is prolonged more than a year under this act then a Advocate should follow the necessary steps which is given below:
1. Habeas corpus writ should be filed if the person’s detention prolonged more than a year or a person is falsely charged where the concerned person will be brought before the court and a opportunity is given to covey his/her side defense.
2. Advocate should follow and confirm the submission of charge-sheet before the court for the fair trail proceedings.
3. In some cases,the concerned person will be called up for enquiry to the constitutional advisory board where advocates wont be entertained inside so it is the mere responsibility of the advocate to train and educate the motive of the enquiry to the client.
4. if a FIR is filed on this act then the quashing process can be done only in the court or in the constitution of advisory board.
5. And advocate should try to revoke the detention order of the person if the detention is prolonged under section 15 of Tamil Nadu general clause act 1891
Courts and jurisdiction:
These type of cases are proceeded in the court of sessions, district court as well as high court with in the state and for the appeal we can proceed to high court and supreme court if the decision of lower court have not satisfied the concern person.
Conclusion:
As far as the analysis and the perusal of the above act,the given summary says that the amendment gives more support to control the habitual offenders and to maintain a peaceful and disciplined society but due to the misuse of this act by the police department and concern official so the act should get some reasonable reforms to avoid mishaps occurred in the detention and the authority of passing detention order
Should be monitored by a special committee to avoid mishandling of the said act, and as a public opinion the concern person should get a opportunity to covey his/her defense before the court. Advocate Saravanan Rajendran Law Chamber offers the best Legal Services for Criminal Cases, Civil Litigation and Corporate Matters in Chennai Tamil Nadu India. Find the Best Criminal Lawyers in Chennai.
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