section 12
Action upon the report of Advisory Board
The Bihar Control of Crimes Act, 2024(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.
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