#THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 
__________ 

##ARRANGEMENT OF SECTIONS 
________ 

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 
3. Declaration of terrorist affected area. 
4. Establishment of Special Courts. 
5. Composition and appointment of Judges of Special Courts. 
6. Place of sitting. 
7. Jurisdiction of Special Court. 
8. Powers of Special Courts with respect to other offences. 
9. Public Prosecutors. 
10. Procedure and powers of Special Courts. 
11. Power of Supreme Court to transfer case. 
12. Protection of witnesses. 
13. Power to transfer cases to regular courts. 
14. Appeal. 
15. Modified application of certain provisions of the Code. 
15A. Abolition of certain Special Courts. 
16. Overriding effect of Act. 
17. Delegation. 
18. Power to make rules. 
19. Saving. 
20. Amendment of Act 1 of 1872. 
21. Repeal and saving. 
THE SCHEDULE. 
APPENDIX. 

 
 
 
#THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 

##ACT NO. 61 OF 1984 

[31st August, 1984.] 

An  Act  to  provide  for  the  speedy  trial  of  certain  offences  in  terrorist  affected  areas  and  for 
matters connected therewith. 

BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— 

1. **Short title, extent and commencement.**—(1) This Act may be called the Terrorist Affected Areas 
(Special Courts) Act, 1984. 

(2) It extends to the whole of India except the State of Jammu and Kashmir[^1].

(3) It shall be deemed to have come into force on the 14th day of July, 1984. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

  (a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); 

  (b) “High Court”, in relation to a Special Court, means the High Court within the territorial limits 
of whose jurisdiction such Special Court is proposed to be, or is, established; 

  (c) “judicial zone” means a judicial zone constituted under sub-section (1) of section 3; 

  (d) “notification” means a notification published in the Official Gazette; 

  (e) “Public Prosecutor” means a Public Prosecutor or an Additional Public Prosecutor or a Special 
Public Prosecutor appointed under section 9 and includes any person acting under the directions of 
the Public Prosecutor; 

  (f) “scheduled offence” means an offence specified in the Schedule being an offence committed 
in a terrorist affected area; 

  (g) “Special Court” means a Special Court or an Additional Special Court established under 
section 4; 

  (h) “terrorist” means a person who indulges in wanton killing of persons or in violence or in the 
disruption  of  services  or  means  of  communications  essential  to  the  community  or  in  damaging 
property with a view to— 

       (i) putting the public or any section of the public in fear; or 

       (ii) affecting adversely the harmony between different religious, racial, language or regional 
groups or castes or communities; or 

       (iii) coercing or overawing the Government established by law; or 

       (iv) endangering the sovereignty and integrity of India; 

  (i) “terrorist affected area” means an area declared as a terrorist affected area under section 3; 

  (j) words and expressions used but not defined in this Act and defined in the Code shall have the 
meanings respectively assigned to them in the Code. 

(2) Any reference in this Act to the Code or any provision thereof shall, in relation to an area in which 
the Code or such provision is not in force, be construed as a reference to the corresponding law or the 
relevant provision of the corresponding law, if any, in force in that area. 

3. **Declaration of terrorist affected area.**—(1)  If  the  Central  Government  is  of  the  opinion  that 
offences of the nature specified in the Schedule are being committed in any area by terrorists on such a 
scale  and  in  such  a  manner  that  it  is  expedient  for  the  purpose  of  coping  with  the  activities  of  such 
terrorists to have recourse to the provisions of this Act, it may, by notification,— 

  (a) declare such area to be a terrorist affected area; and 

[^1]. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 
and Kashmir and the Union territory of Ladakh. 



  (b) constitute such area into a single judicial zone or into as many judicial zones as it may deem 
fit. 

(2) A notification issued under sub-section (1)  in  respect  of  an area shall specify  the  period  during 
which  the  area  shall,  for  the  purposes  of  this  Act,  be  a  terrorist  affected  area,  and  where  the  Central 
Government is of the opinion that terrorists had been committing in that area, from a date earlier than the 
date of issue of the notification, offences of the nature specified in the Schedule on such a scale and in 
such a manner that it is expedient to commence the period specified in the notification from such earlier 
date, the period specified in the notification may commence from that date: 

Provided that— 

  (a) no period commencing from a date earlier than six months from the date of publication of the 
notification shall be specified therein; and 

  (b) so much of the period specified in such notification as is subsequent to the date of publication 
of the notification shall not, in the first instance, exceed six months, but the Central Government may, 
by notification, extend such period from time to time by any period not exceeding six months at any 
one time, if the Central Government, having regard to the activities of terrorists in such area, is of the 
opinion that it is expedient so to do. 

*Explanation.*—For  the  avoidance  of  doubts,  it  is  hereby  declared  that  the  period  specified  in  a 
notification issued under this section may commence from a date earlier than the date of commencement 
of this Act. 

4. **Establishment of Special Courts.**—(1) For the purpose of providing for speedy trial of scheduled 
offences committed in a judicial zone, the Central Government may establish, by notification, a Special 
Court in relation to such judicial zone— 

  (a) within such judicial zone; or 

  (b) if  the  Central  Government  having  regard  to  the  exigencies  of  the  situation  in  such  judicial 
zone considers it expedient so to do, at any place outside such judicial zone but within the State in 
which such judicial zone is situated. 

(2) Notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of the 
situation prevailing in a State, the State Government is of the opinion that it is expedient to establish in 
relation to a judicial zone, or in relation to two or more judicial zones, in the State, an Additional Special 
Court outside the State, for the trial of such scheduled offences committed in the judicial zone or judicial 
zones, the trial whereof within the State— 

  (a) is not likely to be fair or impartial or completed with utmost dispatch; or 

  (b) is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of 
the accused, the witnesses, the Public Prosecutor and the Judge or any of them; or 

  (c) is not otherwise in the interests of justice, 

the State Government may request the Central Government to establish in relation to such judicial zone or 
judicial zones an Additional Special Court outside the State and thereupon the Central Government may, 
after taking into account the information furnished by the State Government and making such inquiry, if 
any, as it may deem fit, establish, by notification, such Additional Special Court at such place outside the 
State as may be specified in the notification. 

5. **Composition and appointment of Judges of Special Courts.**—(1) A Special Court shall be 
presided over by a judge to be appointed by the Central Government with the concurrence of the Chief 
Justice of the High Court. 

(2) The Central Government may also appoint, with the concurrence of the Chief Justice of the High 
Court, Additional judges to exercise jurisdiction in a Special Court. 

(3) A person shall not be qualified for appointment as a Judge or an Additional judge of a Special 
Court unless  he  is  immediately  before  such  appointment  a  Sessions  Judge  or  an  Additional  Sessions 
Judge in any State. 

(4) For the removal of doubts, it is hereby provided that the attainment by a person, appointed as a 
Judge or an Additional Judge of a Special Court, of age of superannuation under the rules applicable to 
him  in  the  Service  to  which  he  belongs,  shall  not  affect  his  continuance  as  such  Judge  or  Additional 
Judge. 

(5) Where  any  Additional  Judge  or  Additional  Judges  is,  or  are,  appointed  in  a  Special  Court,  the 
Judge of the Special Court may, from time to time, by general or special order, in writing, provide for the 
distribution  of  business  of  the  Special  Court  among  himself  and  the  Additional  Judge  or  Additional 
Judges  and  also  for  the  disposal  of  urgent  business  in  the  event  of  his  absence  or  the  absence  of  any 
Additional Judge. 

6. **Place of sitting.**—A Special Court may, if it considers it expedient or desirable so to do, sit for any 
of  its  proceedings  at  any  place,  other  than  the  ordinary  place  of  its  sitting,  in  the  State  in  which  it  is 
established: 

Provided that if the Public Prosecutor certifies to the Special Court that it is in his opinion necessary 
for the protection of the accused or any witness or otherwise expedient in the interests of justice that the 
whole or any part of the trial should be held at some place other than the ordinary place of its sitting, the 
Special  Court  may,  after  hearing  the  accused,  make  an  order  to  that  effect  unless,  for  reasons  to  be 
recorded in writing, the Special Court thinks fit to make any other order. 

7. **Jurisdiction of Special Court.**—(1)  Notwithstanding  anything  contained  in  the  Code  or  in  any 
other law, a scheduled offence committed in a judicial zone in a State at any time during the period during 
which such judicial zone is, or is part of, a terrorist affected area shall be triable, whether during or after 
the expiry of such period, only by the Special Court established for such judicial zone in the State: 

Provided that where the period specified under sub-section (2) of section 3 as the period during which 
an  area  declared  by  notification  under  sub-section  (1)  of  that  section  to  be  a  terrorist  affected  area 
commences from a date earlier than the date on which such notification is issued, then— 

  (a) nothing  in  the  foregoing  provisions  of  this  sub-section  shall  apply  to  a  scheduled  offence 
committed in such area in which the whole of the evidence for the prosecution has been taken before 
the date of issue of such notification; and 

  (b) all other cases involving scheduled offences committed in such area and pending before any 
court immediately before the date of issue of such notification shall stand transferred to the Special 
Court having jurisdiction under this section and the Special Court to which such proceedings stand 
transferred shall proceed with such cases from the stage at which they were pending at that time. 

(2) Notwithstanding  anything  contained  in  sub-section  (1),  if  in  respect  of  a  case  involving  a 
scheduled offence committed in any judicial zone in a State, the Central Government, having regard to the 
provisions of sub-section (2) of section 4 and the facts and circumstances of the case and all other relevant 
factors, is of the opinion that it is expedient that such offence should be tried by the Additional Special 
Court established in relation to such judicial zone outside the State, the Central Government may make a 
declaration to that effect: 

Provided that no such declaration shall be made unless the State Government  has  forwarded to the 
Central Government a report in writing containing a request for making of such declaration. 

*Explanation.*—Where an Additional Special Court is established in relation to two or more judicial 
zones, such Additional Special Court shall be deemed, for the purposes of this sub-section, to have been 
established in relation to each of such judicial zones. 

(3) A declaration made under sub-section (2) shall not be called in question in any court.

(4) Where any declaration is made in respect of any offence committed in a judicial zone in a State, 
any  prosecution  in  respect  of  such  offence  shall  be  instituted  only  in  the  Additional  Special  Court 
established in relation to such judicial zone outside the State, and if any prosecution in respect of such 
offence  is  pending  immediately  before  such  declaration  in  any  other  court,  the  same  shall  stand 
transferred to such Additional Special Court and such Additional Special Court shall proceed with such 
case from the stage at which it was pending at that time. 

8. **Powers of Special Courts with respect to other offences.**—(1) When trying any  scheduled 
offence,  a  Special  Court  may  also  try  any  offence  other  than  the  scheduled  offence  with  which  the 
accused may, under the Code, be charged at the same trial if the offence is connected with the scheduled 
offence. 

(2) If, in the course of any trial under this Act, it is found that the accused person has committed any 
offence, the Special Court may, whether such offence is or is not a scheduled offence, convict such person 
of such offence and pass any sentence authorised by law for the punishment thereof. 

9. **Public Prosecutors.**—(1) For every Special Court, the Central Government shall appoint a person 
to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor 
or Additional Public Prosecutors: 

Provided that the Central Government may also appoint for any case or class of cases a Special Public 
Prosecutor. 

(2) A  person  shall  be  eligible  to  be  appointed  as  a  Public  Prosecutor  or  an  Additional  Public 
Prosecutor or a Special Public Prosecutor under this section only if he has been in practice as an Advocate 
for  not  less  than  seven  years  or  has  held  any  post,  for  a  period  of  not  less than  seven  years,  under  the 
Union or a State, requiring special knowledge of law. 

(3) Every  person  appointed  as  a  Public  Prosecutor  or  an  Additional  Public  Prosecutor  or  a  Special 
Public  Prosecutor  under  this  section  shall  be  deemed  to  be  a  Public  Prosecutor  within  the  meaning  of 
clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly. 

10. **Procedure and powers of Special Courts.**—(1)  A  Special  Court  may  take  cognizance  of  any 
scheduled offence, without the accused being committed to it for trial, upon receiving a complaint of facts 
which constitute such offence or upon a police report of such facts. 

(2) Where a scheduled offence is punishable with imprisonment for a term not exceeding three years 
or with fine or with both, a Special Court may, notwithstanding anything contained in sub-section (1) of 
section  260  or  section  262  of  the  Code,  try  the  offence  in  a  summary  way  in  accordance  with  the 
procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code, shall, so far as 
may be, apply to such trial: 

Provided that when, in the course of a summary trial under this sub-section, it appears to the Special 
Court that the nature of the case is such that it is undesirable to try it in a summary way, the Special Court 
shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner 
provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to 
and in relation to a Special Court as they apply to and in relation to a Magistrate: 

Provided further that in the case of any conviction in a summary trial under this section, it shall be 
lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding two years. 

(3) A Special Court may, with a view to obtaining the evidence of any person supposed to have been 
directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of 
his  making  a  full  and  true  disclosure  of  the  whole  circumstances  within  his  knowledge  relative  to  the 
offence and to every other person concerned whether as principal or abettor in the commission thereof, 
and any pardon so tendered shall, for the purposes of section 308 of the Code, be deemed to have been 
tendered under section 307 thereof. 

(4) Subject to the other provisions of this Act, a Special Court shall, for the purpose of trial of any 
offence,  have  all  the  powers  of  a  Court  of  Session  and  shall  try  such  offence  as  if  it  were  a  Court  of 
Session so far as may be in accordance with the procedure prescribed in the Code for the trial before a 
Court of Session. 

(5) Subject to the other provisions of this Act, every case before an Additional Special Court shall be 
dealt with as if such case had been transferred under section 406 of the Code to such Additional Special 
Court. 

11. **Power of Supreme Court to transfer case.**—Whenever  it  is  made  to  appear  to  the  Supreme 
Court that an order under this section is expedient for the ends of justice, it may direct that any particular 
case be transferred from one Special Court to another Special Court. 

12. **Protection of witnesses.**—(1) Notwithstanding anything contained in the Code, all proceedings 
before a Special Court shall be conducted in *camera*: 

Provided that where the Public Prosecutor so applies, any proceedings or part thereof may be held in 
open court. 

(2) A Special Court may, on an application made by a witness in any proceedings before it or by the 
Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for 
keeping the identity and address of the witness secret. 

(3)  In  particular  and  without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (2),  the 
measures which a Special Court may take under that sub-section may include— 

  (a) the holding of the proceeding at a protected place; 

  (b) the avoiding of the mention of the names and addresses of the witnesses in its orders or 
judgments or in any records of the case accessible to public; 

  (c) the issuing of any directions for securing that the identity and addresses of the witnesses are 
not disclosed. 

(4) Any person who contravenes any direction issued under sub-section (2) shall be punishable with 
imprisonment for a term which may extend to one year and with fine which may extend to one thousand 
rupees. 

13. **Power to transfer cases to regular courts.**—Where after taking cognizance of any offence, a 
Special Court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has 
no  jurisdiction  to  try  such  offence,  transfer  the  case  for  trial  of  such  offence  to  any  court  having 
jurisdiction under the Code and the court to which the case is transferred may proceed with the trial of the 
offence as if it has taken cognizance of the offence. 

14. **Appeal.**—(1) Notwithstanding anything contained in the Code, an appeal shall lie as a matter of 
right  from  any  judgment,  sentence  or  order,  not  being  interlocutory  order,  of  a  Special  Court  to  the 
Supreme Court both on facts and on law. 

(2) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or 
order of a Special Court. 

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of 
the judgment, sentence or order appealed from: 

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty 
days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period 
of thirty days. 

15. **Modified  application  of  certain  provisions  of  the  Code.**—(1)  Notwithstanding  anything 
contained  in  the  Code  or  any  other  law,  every  scheduled  offence  shall  be  deemed  to  be  a  cognizable 
offence within the meaning of clause (c) of section 2 of the Code and “cognizable case” as defined in that 
clause shall be construed accordingly. 

(2) Section 167 of the Code shall apply in relation to a case involving a scheduled offence subject to 
the modifications that— 

  (a) the  reference  in  sub-section  (1)  thereof  to  “Judicial  Magistrate”  shall  be  construed  as  a 
reference to “Judicial Magistrate or Executive Magistrate”; 

  (b) the  references  in  sub-section  (2)  thereof  to  “fifteen  days”,  “ninety  days”  and  sixty  days”, 
wherever  they  occur,  shall  be  construed  as  references  to  “thirty  days”,  “one  year”  and  “one  year”, 
respectively; and 

  (c) sub-section (2A) thereof shall be deemed to have been omitted. 

(3) Sections  366  to  371  and  section  392  of  the  Code  shall  apply  in  relation  to  a  case  involving  a 
scheduled  offence  subject  to  the  modifications  that  the  references  to  “Court  of  Session”  and  “High 
Court”,  wherever  occurring  therein,  shall  be  construed  as  references  to  “Special  Court”  and  “Supreme 
Court”, respectively. 

(4) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any 
person on an accusation of having committed a scheduled offence in a terrorist affected area. 

(5) Notwithstanding anything contained in the Code, no person accused of a scheduled offence shall, 
if in custody, be released on bail or on his own bond unless— 

  (a) the  Public  Prosecutor  has  been  given  an  opportunity  to  oppose  the  application  for  such 
release, and 

  (b) where  the  Public  Prosecutor  opposes  the  application,  the  court  is  satisfied  that  there  are 
reasonable  grounds  for  believing  that  he  is  not  guilty  of  such  offence  and  that  he  is  not  likely  to 
commit any offence while on bail. 

(6) The limitations on granting of bail specified in sub-section (5) are in addition to the limitations 
under the Code or any other law for the time being in force on granting of bail. 

15A. **Abolition of certain Special Courts.**—Where the area comprising a judicial zone has ceased 
to be a terrorist affected area and no cases are pending before a Special Court or an Additional Special 
Court  established  in  relation  to  such  judicial  zone,  the  Central  Government  may,  by  notification  in  the 
Official Gazette, abolish such Special Court or Additional Special Court.

16. **Overriding effect of Act.**—(1)  The  provisions  of  this  Act  shall  have  effect  notwithstanding 
anything  contained  in  the  Code  or  any  other  law,  but  save  as  expressly  provided  in  this  Act,  the 
provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to 
the proceedings before a Special Court; and for the purpose of the said provisions of the Code, the Special 
Court shall be deemed to be a Court of Session. 

(2) In particular and without prejudice to the generality of the provisions contained in sub-section (1), 
the provisions of sections 326 and 475 of the Code shall, as far as may be, apply to the proceedings before 
a Special Court, and for this purpose any reference in those provisions to a Magistrate shall be construed 
as a reference to the Special Court. 

17. **Delegation.**—The Central Government may, by notification, delegate, subject to such conditions 
as may be specified, all or any of the powers exercisable by it under this Act [except the power under sub-
section (2) of section 4 and the power under sub-section (2) of section 7] to the State Government. 

18. **Power to make rules.**—The Supreme Court may, by notification, make such rules, if any, as it 
may deem necessary for carrying out the purposes of this Act. 

19. **Saving.**—(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure 
applicable to, any court or other authority under any law relating to the naval, military or air forces or any 
other armed forces of the Union. 

(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred 
to in sub-section (1), a Special Court shall be deemed to be a Court of ordinary criminal justice. 

20. **Amendment of Act 1 of 1872.**—In the Indian Evidence Act, 1872, after section 111, the 
following section shall be inserted, namely:— 

  “**111A.Presumption as to certain offences.**—(1)  Where  a  person  is  accused  of  having 
committed any offence specified in sub-section (2), in— 

       (a) any area declared to be a disturbed area under any enactment, for the time being in force, 
making provision for the suppression of disorder and restoration and maintenance of public order; 
or 

       (b) any  area  in  which  there  has  been,  over  a  period  of  more  than  one  month,  extensive 
disturbance of the public peace, 

and it is shown that such person had been at a place in such area at a time when firearms or explosives 
were  used  at  or  from  that  place  to  attack  or  resist  the  members  of  any  armed  forces  or  the  forces 
charged  with  the  maintenance  of  public  order  acting  in  the  discharge  of  their  duties,  it  shall  be 
presumed, unless the contrary is shown, that such person had committed such offence. 

(2) The offences referred to in sub-section (1) are the following, namely:— 

  (a) an offence under section 121, section 121A, section 122 or section 123 of the Indian        Code 
(45 of 1860); 

  (b) criminal  conspiracy  or  attempt  to  commit,  or  abetment  of,  an  offence  under  section  122  or 
section 123 of the Indian Penal Code (45 of 1860).” 

21. **Repeal and saving.**—(1) The Terrorist Affected Areas (Special Courts) Ordinance, 1984(9 of 
1984), is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be 
deemed to have been done or taken under the corresponding provisions of this Act. 



##THE SCHEDULE 

[See section 2 (f)] 

1. Offences under the following provisions of the Indian Penal Code (45 of 1860):— 
sections 121, 121A, 122 and 123. 

2. Offences under the following provisions of the Anti-Hijacking Act, 1982 (65 of 1982):— 
sections 4 and 5. 

NOTE  1.—The  offence  of  criminal  conspiracy  or  attempt  to  commit,  or  abetment  of,  an  offence 
specified in this Schedule shall be deemed to be a scheduled offence. 

NOTE 2.—The commission of an offence specified in this Schedule by any member of an unlawful 
assembly shall be deemed to be the commission of that scheduled offence by every other member of the 
unlawful assembly.

 
 
##APPENDIX 
                                                           
###EXTRACT FROMTHE TERRORIST AFFECTED AREAS (SPECIAL COURTS)AMENDMENTACT, 1985 

(45 of 1985) 



4. **Special Courts to cease to exercise jurisdiction with respect to certain cases and transfer of 
pending cases.**—(1) Notwithstanding anything contained in section 7 of the principal Act but subject to 
the  provisions  of  sub-section  (2),  after  the  commencement  of  this  Act,  a  Special  Court  shall  not  take 
cognizance  of,  or  have  or  exercise  any  jurisdiction  with  respect  to,  any  offence  other  than  an  offence 
mentioned in or connected with an offence mentioned in the Schedule to the principal Act as substituted 
by section 3 of this Act. 

(2)  Every  case  which  is  pending  immediately  before  the  commencement  of  this  Act  before  any 
Special Court and which is in respect of an offence other than an offence mentioned in, or connected with 
an offence mentioned in, the Schedule to the principal Act as substituted by section 3 of this Act shall, as 
soon as may be after such commencement, be transferred to the principal Act to take cognizance thereof 
and the court to which the case is so transferred may proceed with the case from the stage at which it was 
at the time of such transfer as if it had originally taken cognizance of the case and the case was pending 
with it at that time. 

(3) This section shall be read as one with the principal Act and words and expressions used in this 
section shall be construed accordingly. 