Definitions

(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.