section 3
Power to make orders detaining anti-social elements
The Bihar Control of Crimes Act, 2024(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.
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