The Bihar Control of Crimes Act, 2024

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1. This Act may be called the Bihar Control of Crimes Act, 2024. 2. It extends to the whole of the State of Bihar. 3. It shall come into force immediately on publication in Bihar Gazette.

(a) "Anti-social element" means a person who either by himself or as a member of or leader of a gang, habitually commits or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII of the Indian Penal Code, 1860; or (ii) (a) is punishable under the Arms Act, 1959; or (iii) holds a licence for a firearm under the Arms Act, 1959, the possession of which is found, in the opinion of the Magistrate, to be prejudicial to the maintenance of public order; or (iv) has been found in possession of firearms or other lethal weapons in public or private in a manner which causes or is likely to cause fear or alarm to the public or any section of the public; or (v) is a member of any gang as defined in clause (b) and has been involved in any such activity as referred to in clause (b); or (vi) habitually commits or abets the commission of offences under the Bihar Excise Act, 2015; or (vii) habitually commits or abets the commission of "offences" involving degradation of environment or ecology for pecuniary gain or otherwise through intimidation, vandalism, arson, etc., or acts which create or are likely to create fear or alarm to the public, or a section of the public, or is likely to be a cause of danger to the life, property or well-being of the public or a section of the public; or (viii) is a person who constitutes a danger to public order; or (ix) is a person who has been found habitually committing or abetting the commission of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985) or offence under the Prevention of Corruption Act, 1988; or (x) is a person deemed to be a danger to public order under Chapter-XI of the Bihar Police Act, 2007; or (xi) commits or instigates any act or does any act which disturbs or is likely to disturb public order; (b) "Gang" means a group of one or more persons who act together or singly and indulge in activities of anti-social elements, which includes offences punishable under the Indian Penal Code, 1860, as referred to in clause (a) of Section 2; (c) "District Magistrate" includes an Additional District Magistrate specially empowered by the State Government in this behalf; (d) "Scheduled area" means such areas as the State Government may by notification declare as Scheduled areas for the purposes of this Act; (e) this Act shall be read in accordance with the provisions of existing laws and procedure prescribed under the Code of Criminal Procedure, 1973 as applicable in the State of Bihar. In this Act, unless the context otherwise requires- a. "acting in any manner prejudicial to the maintenance of public order" means a person is engaged, or is making preparations for engaging, in any of his activities as anti-social element, which affects adversely, or are likely to affect adversely the maintenance of public order. Explanation: - For the purpose of this sub-section, 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 sub-section (b) 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 or disturb the life of the community thereby resulting in loss of confidence in administration. b. "Anti-social element" means a person who i. commits, or attempts to commit or abets the commission of any offence punishable under Chapter XVI or Chapter XVII of the Indian Penal Code; or ii. commits or abets the commission of, any offence connected with trafficking in women and children under the Immoral Traffic (prevention) Act, 1956; or iii. commits or abets the commission of any offence under the Protection of Children from Sexual Offences Act, 2012; or iv. by words or otherwise promotes or attempts to promote on grounds of religion, race, language, caste or community or any other grounds whatsoever, feelings of enmity or hatred between different religions, racial or language groups or castes; or v. has been found passing indecent remarks to, or teasing women or girls; or vi. has been declared as a Goonda as per provisions of Bihar Police Manual, 1978; or vii. commits or attempts to commit or abets the commission of offence of manufacturing or selling or transporting or transferring or illicit trafficking or converting or repairing or testing or proving any firearm or ammunition, or being member of an organised crime syndicate or any person on its behalf possesses or carries firearm or firearms or ammunition in contravention to the provisions of the Arms Act, 1959. Explanation-1: For the purpose of this sub-section, "illicit trafficking" means the acquisition, sale, delivery, movement or transfer of firearms and ammunition into, from or within the territory of India, if the firearms and ammunition are not marked in accordance with the provisions of the Arms Act, 1959 or are being trafficked in contravention of the provisions of the said Act including smuggled firearms of foreign make or prohibited arms and prohibited ammunition. Explanation-2: For the purpose of this sub-section, "organized crime syndicate" means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulging in activities of organized crime. Explanation-3: "Organized crime" means any continuing unlawful activity by any person, singly or collectively, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person; or viii. commits or attempts to commit or abets the commission of any offence in respect of sand, punishable under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) or under the Bihar Minerals (Concession and prevention of Illegal Mining, Transport and Storage) Rules, 2019 or any other law for the time being in force; or ix. distills, manufactures, stores, transports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Bihar Excise & prohibition Act, 2016; Narcotics Drugs and psychotropic Substances Act, 1985, as amended from time to time or any other law prohibiting such activities for the time being in force, and the rules, notifications and orders made thereunder, 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; or x. 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); or xi. either by himself or as a member of or leader of a gang illegally and unauthorisedly, by use of force or threat or by any other unlawful means, takes possession or attempts to take possession of any land or house or any other property whether belonging to the Government, local authority or any other person. c. "Commissioner" means the Commissioner of a Division and includes any officer specially empowered by the State Government to exercise all or any of the powers of Commissioner under this Act. d. "Detention order" means an order of detention made under Section 12 of this Act. e. "District Magistrate" includes an Additional District Magistrate or other officer specially empowered by the State Government in this behalf. f. The phrase "commits an offence" wherever used in relation to an anti-social element in this Act, means a person, against whom, during twenty-four months immediately preceding the commencement of any action under this Act, not less than two cases in which police report has been filed in the Court of law showing his involvement in offences referred to in sub-section (b). g. the word "abet" shall have the same meaning as assigned to it under Section 107 of the Indian Penal Code, 1861. e, District Magistrate,, includes an Additional District Magistrate or other_officer specially empowered by the State Goveinment in any behalf. f, The phrase "commits an offence,, wherever used in relation to an anti_social element in this Act. means a person, against whom, during twenty-four months immediately preceding the cJmmencement of any action under this Act, not less than two cases in which police report has been filed in the Court of law showing his involvement in offences referred to in sub-section (b). g. the word "abet,, shall have the same meaning as assigned to it under Section 107 of the Indian penal Code, 1g61.

(1) The District Magistrate may, if he is satisfied as provided in sub-section (2) that any person is an anti-social element, make an order directing that such person be detained. (2) If the District Magistrate is satisfied that the person is an anti-social element and that his activities are prejudicial to the maintenance of public order and he is further satisfied that it is necessary to detain him to prevent him from acting in any manner as may be prejudicial to the maintenance of public order, he may make an order that such person be detained; (3) The District Magistrate may, in addition to the order under sub-sections (1) and (2), take actions to prevent further anti-social activities. (4) An order of detention may be made by the District Magistrate against an anti-social element to prevent him from acting in any manner prejudicial to the maintenance of public order. (1) If the State Government or an officer authorized by it is satisfied that any person is acting in any manner prejudicial to the maintenance of public order, it may, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, make an order directing that such person be detained. (2) If the State Government or an officer authorized by it is satisfied that any person is acting in any manner prejudicial to the maintenance of public order, it may, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, make an order directing that such person be detained. (3) The power of detention under sub-section (1) or (2) may be exercised by the District Magistrate or the Commissioner of Police as may be authorized by the State Government. (i) for the security of the State or for the maintenance of public order; (ii) for the prevention of organized crime; (iii) any person who, being in the opinion of the officer, is likely to act in any manner prejudicial to the maintenance of public order or is involved in any organized crime as defined under the law. 1. Where it appears to the District Magistrate that- a. any person is an anti-social element, and b. (i) that his movements or acts in the district or any part thereof or in any part of the State are causing or are calculated to cause alarm, danger or harm to persons or property; and (ii) that his activities as mentioned in sub-clause (i) cannot be prevented without removing him from the specified place or places, the District Magistrate shall by notice in writing inform him of the general nature of the material allegation against him in respect of clauses (a) and (b) and shall give him a reasonable opportunity of tendering an explanation regarding the. 2. The person against whom an order under this section is proposed to be made shall have the right to consult and be defended by a counsel of his choice and shall be given a reasonable opportunity of examining himself, if he so desires, and also of examining any other witnesses that he may wish to produce in support of his explanation, unless for reasons to be recorded in writing the District Magistrate is of opinion that the request is made for the purpose of vexation or delay. 3. The District Magistrate on being satisfied that the conditions specified in clauses (a) and (b) of sub-section (1) exist, may by order in writing- (a) direct him to remove himself outside the district or part thereof or any part of the State as the case may be, by such route, if any, and within such time as may be specified in the order and to desist from entering the district or the specified part thereof or of the State, until the expiry of such period, not exceeding six months as may be specified in the order; (b) (i) require such person to notify his movements or to report himself or to do both, in such manner, at such time and to such authority or person as may be specified in the order; (ii) prohibit or restrict possession or use by him of any such article as may be specified in the order; (iii) direct him otherwise to conduct himself in such manner as may be specified in the order; until the expiry of such period, not exceeding six months as may be specified in the order. 1. Where it appears to the District Magistrate that-a. any person is an anti-social element, and b. (i) that his movements or acts in the dlstrict or any part thereof or in any part of the State are causing or are caliuiated to cause alarm, danger or harm to persons or property; and (I) that his activities as mentioned in sub-clause (i) cannot be prevented without removing him from tne specified place or places. the District Magistrate.sha[ by notice in writing inform him of the generar nature of the material allegation. against_ him in respec[ of clauses (al "rd (b) ;;; shall give him a reasonabre opportunity of tendering in exptanation .ig'araing irie;.- 2. The person against whom an order unoer ihis s"aion'ii propoi"l io be made shall have the right to consult and be defended dy " .;;;; of his choice and shall be given a reasonable opportunity of examining himself, if he so desires, and also of examining any other witnessei that he may wish to prcduce in support of his Jxplanation, ,ntess foi reasons to be recorded in writing the District Magistrate is of opinion that the request js made for the purpose of vexation or delay. 3. The District Magistrate on being satisfied that the conditions specified .in clauses (a) and (b) of sub_section (1) exist, may by order in writing_(a) direct him to remove himserf outsidi the district or. purt tnu."oi, i. any part of the State as the case may be, by such route, if any, and within such time as may be specified in the order anO [o resisi from entering the district or the specified part thereof or of the State, until the expiry of such period. not exceeding six months as may be specified in the order; (b) (i) require such.person to notify his movements or to report himself or to do both, in such minner, at such time and to such authority or person as may be specified in the order; (ii) prohibit or restrict possession or use by him of any such article as may be specified in the order; (iii) direct him otherwise to conduct himself in such manner as may be specified in the order; until the expiry of such period, noi exceeding six months as may be specified in the order.

A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973. The District Magistrate may, by an order permit any person in respect of whom an order has been made under clause (a) of sub-section (3) of Section 3 to enter or return, for temporary period, into or to the area from which he was directed to remove himself, subject to such conditions as the District Magistrate may specify and may at any time rescind any such permission.

(1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Government. (2) Nothing in section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose. (1) No detention order shall be deemed to be invalid or inoperative by reason that the person to be detained is outside the limits of the territorial jurisdiction of the officer making the order. (2) Detention order shall not be invalid or inoperative on the ground that the person is outside the limits of the territorial jurisdiction of the officer, if the person is within the territory of India. 1. 4n, person aggrieved by an order made under section 3 or section 4 or section 5 may appear to the commissioner within rineen oays rrom in-e date of such order. 2. The Commissioner may either confirm the order with or without modification or set it aside and may, pending disposaf of tn" uppuJ, stay the operation of the order subject to such terms, if ant;;:-;; thinks fit.

(1) The State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. (2) Each Advisory Board shall consist of a Chairman and such other members as the State Government may appoint, and the Chairman shall be a person who is or has been a Judge of a High Court or is a retired District and Sessions Judge. (1) If the State Government or an officer authorized by it has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, it may: (a) make a report in writing of the fact to a Magistrate of the first class having jurisdiction in the area where the said person ordinarily resides; (b) by order notified in the Official Gazette, direct the said person to appear before such officer within such period as may be specified in the order. (2) Any person who fails to comply with an order issued under sub-section (1) shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (1) In the event of the District Magistrate being satisfied in respect of any person that he is acting in any manner prejudicial to the maintenance of public order, he may, if he feels satisfied that such person is creating such a situation that it is not possible to initiate a legal proceeding, initiate the following action against him— (i) Anti-social (ii) Anti-social-element (iii) Habitual (iv) Any person who is committing any such act which is causing a threat to the life and liberty of the people (v) Such person who is involved in any such act where fear is created among the public. The District Magistrate shall ensure that if any such person is creating a public nuisance which is causing a threat to the life and liberty, then he may take such appropriate steps as he feels necessary or may direct the police officer to initiate action. (2) The District Magistrate may, if he is satisfied that such anti-social element is creating a situation in which the life and liberty of the citizens are in danger, then he may take such appropriate steps as he feels necessary or may direct the police officer to initiate action. 1. The District Magistrate or the Commissioner may, for the purpose of_ a. Securing the.attendance of any person against whom an order is proposed to be made under Section 3 oi has been made but iti operation has been stayed under Section 6; or b. Securing the due observance of any direction, requirement, prohibition, restriction or condition specified in an'order .uJ" iri respect of any person under Section 3, Section 4, Section 5 or Section 6 require such person to enter into a bond, with or without sureties, and the provisions of the Code of Criminal pro."Jri", 1973 sha mutatis mutandis apply in relation to sucn Uona iiEey appry in reration to bonds executed or required to be executed under the said Code. 2. In particular, and without prejudge to the generality of the foregoing provisio ns: a. the District tvlagistrate while issuing notice to any person under sub-section (1) of section 3, may islue warrant foi his arrest with endorsement thereon of a direction in terms of the provisions of Section 71 of the said Code and the provisions of Sections 70 to g9 of the said Code shall, so far as may be apply in relation to suih warrant as if the District Magistrate were a Court; b. if any person who is required to execute a bond ior the observance of any direction, requirement, prohibition, restriction or condition fails to do so, he.shall be commifted to prison or, if he is utr"uJVln prison, be detained in prison until the period for which ihe direction, requirement, prohibition, restriction or condition is to operate or until the time he executes the bond with or withoui sureties, as- the case may be, in terms of the order, ana tne provisions of Sections Lfg, LZO, f27, !22, 123 and 124 of the said code shall m.utatis mutandis apply as if the District Magistrate or the Commissloner were a Court; c. Sections 445, 447 and 448 of the said Code shall rnufafls mutandis appry in reration to aI bonds executed under this section as if the District Magistrate or the Commissioner were a Court.

When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing not later than fifteen days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Government. The District Magistrate may, if he is satisfied that any person is acting in any manner prejudicial to the maintenance of public order as defined in clause (d) of section 2, then he may proceed against him. himself as to whether the condition necessary ror ttre maring or confirmation of an order under section 3 or section 5 exist or not take into coniideration any evidenie which tle- considers to have probative varue and the provisions of the Indian Evidence Act, La72, shall not appty thereto.

The State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. The District Magistrate may, if he is satisfied that any person is acting in any manner prejudicial to the maintenance of public order, then he may: (a) order such person to leave the district or such area as he may specify and not to enter it again for a period not exceeding six months, and (b) direct such person to inform the police officer of his presence in the district or area, if he enters it again. The.District Magistrate or the commissioner may at any time rescind an order made under Section 3, whether or not such order was confirmed on appeal under Section 6.

In every case where a detention order has been made under this Act, the State Government shall, within three weeks from the date of detention of a person, place before the Advisory Board constituted by it under Section 9 the grounds on which the order has been made and the representation, if any, made by the person affected by the order. (1) The Commissioner of Police may, if he is satisfied that any person is acting in any manner prejudicial to the maintenance of public order, he may take action against him: (a) after giving notice to him, and (b) if such person is creating a situation in which the public is in danger. Order under Sections 3, 4, 5 and 6 may at any time be revoked or modified by the state Government provided that the revocation oi mooirication shall not be a Bar to the making of a fresh order under Section 3 against the same p"rron in *y case where fresh facts have arisen after an order of revocation or modification of the order by the State Government.

(1) In any case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the State Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. (2) If the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the State Government shall revoke the detention order and cause the person to be released forthwith. (3) Where the report of the Advisory Board is not unanimous, the State Government may, if it thinks fit, make an order for the detention of the person concerned. (4) If the State Government has detained the person as per the report, it shall be in accordance with the provisions of this Act. (1) Any person aggrieved by the order passed under sub-section (1) of section 7 may file an appeal before the Commissioner of Police. (2) The Commissioner of Police, upon receiving such appeal, shall examine the points of the appeal and pass an appropriate order. 1. If it is satisfied that there is reason to fear that an anti-sociar erement cannot be prev-ented.from acting in any manner prejudicial to the maintenance of public order otherwisi than by t"n" i_rLOiui" detention of such person, make an order directing that such anti_soilil element be detained. 2. lf, having regard to, the circumstances prevailing or likely to prevail in any area within the rocar rimits of the juriadiction 'of a District I\4agistrate, the State Government is satisfied that it i, n"i"rru.V Io i'o do, it may by an order in writing direct, that during such p"lioO ui may be specified in the order, such Oisirtct Magistrlte may als-, tf satisfied as provided in sub_section (l) exercise ihe power conferieA upon by the said sub_section: Provided that the period specified in an order made by the State Government under this sub_section shall not, in the first instanie exceed six months. but the State Government may, if satisfied ai aforesaid that it is necessary so to do, amend such'order to extenJ such period from time to time by any piriod not exceeding six monthi at any one time, 3. When any order is made by District Magistrate, he shall forthwith report the fact to the. State Government together with the g.rnO.'on which the order has been made and such -otner particularJ ur, ln ni. opinion, have a bearing on the matter, and no such order sharr remain in force for morethan 12 days after the making tnereof unless, in tne meantime, it has been approved by the State Government: Provided that where under Secflon'19 the grounds of detention are communicated by the officer making the order after five Oays but noi later than ten days from the date of detention, this, sub-section shall apply subject to the modification that. for the words;,twetre Oays,,, ine words ,'fifteen days,, shall be substituted. 1. If it is satisfied that there is reason to fear that an anti-social element cannot be prevented from acting in any manner prejudicial to the maintenance of public order otherwise than by the immediate detention of such person, make an order directing that such anti-social element be detained. 2. If, having regard to, the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate, the State Government is satisfied that it is necessary so to do, it may by an order in writing direct, that during such period as may be specified in the order, such District Magistrate may also, if satisfied as provided in sub-section (1) exercise the power conferred upon by the said sub-section: Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance exceed six months. but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding six months at any one time. 3. When any order is made by District Magistrate, he shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than 12 days after the making thereof unless, in the meantime, it has been approved by the State Government: Provided that where under Section 19 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that, for the words 'twelve days', the words 'fifteen days' shall be substituted.

The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under Section 12 shall be twelve months from the date of detention. Provided that nothing contained in this section shall affect the power of the State Government to revoke or modify the detention order at any earlier time. (1) Any person who is acting in any manner prejudicial to the maintenance of public order, may be restrained by the District Magistrate or the Commissioner of Police by an order. (2) This order shall be passed by the competent authority, as deemed fit. Where a person has been detained in pursuance of an order of detention whether made before or after the .o.,n"n."r"[ioi *,u-iinu. contror of crimes Act, 2024 undet Section 12 which has been made on t*o o. ,o.u grounds, such order of detention shall be deemed to have been maae sepirateiv on each of such grounds and accordingly - Where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the Bihar Control of Crimes Act, 2024 under Section 12 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly- a. such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are:- i. vague; ii. non-existent; iii. non-relevant; iv. not connected or not proximately connected with such person; or v. invalid for any other reason whatsoever. and it is not therefore possible to hold that the Government or officer making such order would have been satisfied as provided in section 12 with reference to the remaining ground or grounds and made the order of detention. b. The Government or officer making the order of detention shall be deemed to have made the order of detention under the said Section after being satisfied as provided in that section with reference to the remaining ground or grounds.

Without prejudice to the provisions of Section 21 of the Bihar General Clauses Act, 2024, a detention order may, at any time, be revoked or modified by the State Government. The District Magistrate or the Commissioner of Police shall, as soon as possible, verify the grounds of the order passed against any anti-social element. The detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 1974).

(1) The State Government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts. (2) The State Government may at any time cancel his release and direct that he be taken into custody. (1) If the District Magistrate or the Commissioner of Police directs, then the police shall ensure the implementation of the order. (2) The implementation shall be done in accordance with the provisions. Every person in respect of whom a detention order has been made shall be liable- a. to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline as the State Government may, by general or special order, specify; and b. to be removed from one place of detention to another place of detention, by order of the State Government.

No suit or other legal proceeding shall lie against the State Government, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act or any order made or intended to be made under this Act. (1) The District Magistrate or the Commissioner of Police may, at any time, revoke any order passed by them. (2) The revocation order shall be in writing. No detention order shall be invalid or inoperative merely by reason- a. that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the State Government, or officer making the order; or b. that the place of detention of such person is outside the said limits.

(1) If the State Government is of the opinion that it is necessary or expedient so to do, it may, by notification in the Official Gazette, extend the provisions of this Act to any other area in the State. (2) Upon such extension, the provisions of this Act shall apply to such area as if it were a scheduled area. Any person against whom an order has been passed shall comply with the same. 1. If the State Government or the District Magistrate mentioned in sub-section (2) of Section 12 has reason to believe that a person in respect of whom a detention order has been made, has absconded or is concealing himself so that the order cannot be executed, the Government or the District Magistrate may- a. make a report in writing of the fact to a Chief Judicial Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; b. by order notified on the official website direct the said person to appear before such officer, at such place and within such period as may be specified in the order. 2. Upon the making of a report against any person under clause (a) of sub-section (1), the provisions of Sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply in respect of such person and his property as if the detention order made against him were a warrant issued by the Magistrate. 3. If such person fails to comply with an order issued under Clause (b) of sub-section (1), he shall, unless he proves that it was not possible for him to comply therewith, and that he had, within the period specified in the order, informed the officer mentioned in the order of the reasons which rendered compliance therewith impossible and of his whereabouts, or proves that it was not possible for him to so inform the officer mentioned in the order, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both. 4. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence under sub-section (3) shall be cognizable.

(1) If the District Magistrate or the Commissioner of Police is satisfied that any anti-social element has acquired property through illegal means, he may order the attachment of such property. (2) The attachment shall be done in accordance with the law. 1. When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Government. 2. Nothing in sub-section (1) shall require the authority to disclose facts, which it considers to be against the public interest to disclose. (1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but orainarlty noi later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date oi detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Government. (2) Nothing in sub-section (r) sharr require the authority to discrose facts, which it considers to be against the public interest to djsclose.

(1) The District Magistrate or the Commissioner of Police may enter and search any premises if they suspect any illegal activity. (2) This power may be delegated to an officer not below the rank of Deputy Superintendent of Police. (3) The search shall be conducted in accordance with the law. 1. The State Government shall, whenever necessary, constitute Advisory Board for the purpose of this Act. 2. The Board shall consist of three persons who are, or have been, or are qualified to be appointed as Judges of High Court, and such persons shall be appointed by the Government. 3. The Government shall appoint one of the members of the Advisory Board who is or has been, a Judge of a High Court to be its Chairman. (1) The State Government shall, whenever necessary, constitute Advisory Board for the purpose of this Act. (2) The Board shall consist of three persons who are, or have been, or are qualified to be appointed as Judges of High Court, and such personi shall be appointed by the Government. (3) The covernment shall appoint one of the members of the Advisory Board who is or has been, a Judge of a High Court to be its Chairman.

The police officer not below the rank of Sub-Inspector may arrest any person who is suspected of being involved in activities prejudicial to the maintenance of public order. Save as otherwise expressly provided in this Act in every case where a detention order has been made under this Act the Government shall, within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted by it under section 20 the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by the District Magistrate mentioned in sub-section (2) of section 12 also the report by such officer under sub-section (3) of that Section.

(1) The Advisory Board shalt. after considering the materials placed before it and, after calling for such further information as it may deem necessary from the Government or from any person called for the purpose through the Government or from the person concerned, and if, in any particular case, it considers it essential so to do ol. if the person concerned desires to be heard, after hearing him in person, submit its report to the Government within seven weeks from the date of detention of the person concerned. (2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board, as to whether or'not tneie is sufficient cause for the detention of the person concerned. (3) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shJll be deemed to be the opinion of the Board. (4) Nothing in this Section shalt entitle any person against whom a detention order has been made to appear'by any rega'i practitioner in any matter connected with the reference to the Advisory Board and the proceedings of the Advisory Board and its report, excepting thai part of the report in which the opinion of the Advisory' eoi.O li specified, shall be confidential.

(1) The District Magistrate may pass an order to restrict the movement of any person. (2) The Commissioner of Police may also pass a similar order. (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. (2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of a person, the Government shall revoke the detention order and cause the perion concerned to be released forthwith.

The District Magistrate or the Commissioner of Police shall ensure that the provisions of this Act are implemented effectively. The maximum period for which any person may be detained in pursuance of any detention order which has been confiimed under section 23 shafl be twerve months from the date of detention: provided that nothing contained in this section shall affect the power of the Government to revoke o. moliry the detention order at any earlier time.

(1) The District Magistrate or the Commissioner of Police may use special powers to control anti-social activities. (2) This includes the power to detain any person if necessary. (1) Without prejudice to the provisions of Section 23 of the General Clauses Act. 189-7 (10 of 1897); detention order may at any time, b; revoked or modified- (i) Notwithstanding that the order has been made by an officer mentioned in sub-section (2) of Section !2, or bry the State Government to which that officer is subordinate. (2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 12 against the same person ii any case where fresh facts have arisen afterihe date of revocation or expiry on which the State covernment or an officer mentioned in sub-section (2) of Section 12, as the case may be, is satisfied that such an order should be made.

(1) Any person who violates the rules shall be liable for punishment. (2) The punishment shall be in accordance with the law. (1) The Government may. at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the detention as that person accepts and may, at any time, cancel his release. (2) In directing the release of any person under sub_section (1), the Government may require him to enter into a bond with or'wiihout sureties for the due observance of the conditions specified in the direction. (3) Any person released under sub-section (1) shall surrender himself at the time and prace..and to the authority, specified in the order directing his release or cancelling his release. as the case may be. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the siid sub-secuon or in the bond entered into by him, the bond shafl be decrared to be forfeited ana any person bound thereby shall be liable to pay the penalty thereof.

The order passed by the District Magistrate or the Commissioner of Police shall be subject to review. No Magistrate shall take cognizance of an offence punishable under the Act, except- a. upon a report in writing of the facts constituting such offences made by a police Officer not below the rJnk of Deputy Superintendent of police; or b, upon information received from any person other than a police officer or from any gazetted officer that such offence has been committed.

The records of all actions taken under this Act shall be maintained by the office of the District Magistrate or the Commissioner of Police. No order made in exercise of any power conferred by or under this Act shall be called in question in any Court.

(1) Any person against whom an action is taken may seek legal assistance. (2) The state shall provide necessary legal support if required. (1) No suit, prosecution. or other legal proceeding shall lie against any person for anything in good faith done or intended io be done in pursuance of this Act or of any order made thereunder. (2) No suit or other legal proceeding jnatt tie against the State Government or any officer of the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or of any order made thereunder.

(1) The State Government may, at any time, issue instructions for the proper implementation of this Act. (2) The government shall have the final authority in matters related to this Act. (1) The State Government may, by notification in the Official Gazette make rules consistent with the provisions of this Act for carrying out the purposes of the Act. (2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or iuch Houses agr6e that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shail be without prejudice to the validity of anything previously done under that rule.

No court shall have jurisdiction to challenge the orders passed under this Act. In case of.any ambiguity in interpreting any of the provisions of this Act, the english version of the Act shal be deemed to be the authoritative text.

(1) The Bihar Control of Crimes Act, 1981 (Bihar ACt,7 of 19g1) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken in the exercise of any power conferred by or under the said Act, shall be deemed to have been done or taken in the exercise of the power conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.