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Section 21: Presumption as to offences under Section 3

Terrorist and Disruptive Activities (Prevention) Act, 1987Union territory Act of Chandigarh · Act 28 of 1987

(1) In a prosecution for an offence under sub-section (1) of Section 3, if it is proved –

1. that the arms or explosives or any other substances specified in Section 3 were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of similar nature, were used in the commission of such offence; or

2. that by the evidence of an expert the fingerprints of the accused were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence.

3. [* * *]

4. [* * *]

(2) In a prosecution for an offence under sub-section 3 of Section 3, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspected of, an offence under that section, the Designated Court shall presume, unless the contrary is proved, that such person has committed the offence under that sub-section.

22 . Identification of accused – Where a person has been declared a proclaimed offender in terrorist case, the evidence regarding his identification by witnesses on the basis of his photograph shall have the same value as the evidence of a test identification parade.

23 . 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 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 Designated Court shall be deemed to be a Court of ordinary criminal justice.

24 . Saving as to orders – Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority.

Where this provision sits

ActTerrorist and Disruptive Activities (Prevention) Act, 1987
Section21
Marginal notePresumption as to offences under Section 3
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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