The Bihar Control of Crimes Act, 1981

{
    "id": 15752,
    "slug": "the-bihar-control-of-crimes-act-1981",
    "title": "The Bihar Control of Crimes Act, 1981",
    "short_title": "The Bihar Control of Crimes Act, 1981",
    "act_number": "(Bihar Act 7 of 1981)",
    "act_year": 1981,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Control of Crimes Act, 1981",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definition.",
            "chapter": null,
            "content": "(a) \"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;\n(b) \"District Magistrate\" includes an Additional District Magistrate or Sub-Divisional Officer specially empowered by the State Government in this behalf;\n(c) \"Detention order\" means an order made under section 12;\n(d) \"Anti-social Elements\" means a person who-\n(i) 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; or\n(ii) habitually commits or abets the commission of offences under the Suppression of [Immoral Traffic in Women and Girls Act, 1956] ; or\n(iii) who 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\n(iv) has been found habitually passing indecent remarks to, or teasing women or girls; or\n(v) who has been convicted of an offence under sections 25, 26, 27, 28 or 29 of the Arms Act of 1959.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Externment, etc. of Anti-social Elements.",
            "chapter": null,
            "content": "(a) any person is an anti-social element, and\n(b) (i) that his movements or acts in the district or any part thereof are causing or are calculated to cause alarm, danger or harm to persons or property; or\n(ii) that there are reasonable grounds for believing that he is engaged or about to engage in the district or any part thereof, in the commission of any offence punishable under Chapter XVI or Chapter XVII of the Indian Penal Code, or under the Suppression of [Immoral Traffic in Women and Girls Act, 1956] , or abetment of any such offence; 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 them.\n(a) direct him to remove himself outside the district or part thereof, as the case may be, by such route, if any, and within such time as may be specified in the order and to resist from entering the district or the specified part thereof, until the expiry of such period, not exceeding six months as may be specified in the order;\n(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;\n(ii) prohibit or restrict possession or use by him of any such article as may be specified in the order;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Permission to return temporarily.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Extension of period of order",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Recognizance for certain purposes.",
            "chapter": null,
            "content": "(a) Securing the attendance of any person against whom an order is proposed to be made under Section 3 or has been made but its operation has been stayed under Section 6; or\n(b) Securing the due observance of any direction, requirement, prohibition, restriction or condition specified in an order made in respect of any person under Section 3, Section 4, Section 5 or Section 6 require such person to enter into a bond, with or without sureties, and the provisions of the Code of Criminal Procedure, 1973 shall mutatis mutandis apply in relation to such bond as they apply in relation to bonds executed or required to be executed under the said Code.\n(a) the District Magistrate while issuing notice to any person under sub-section (1) of Section 3, may issue warrant for his arrest with endorsement thereon of a direction in terms of the provisions of Section 71 of the said Code and the provisions of Sections 70 to 89 of the said Code shall, so far as may be apply in relation to such warrant as if the District Magistrate were a Court;\n(b) if any person who is required to execute a bond for the observance of any direction, requirement, prohibition, restriction or condition fails to do so, he shall be committed to prison or, if he is already in prison, be detained in prison until the period for which the direction, requirement, prohibition, restriction or condition is to operate or until the time ha executes the bond with or without sureties, as the case may be, in terms of the order, and the provisions of Sections 119, 120, 121, 122, 123 and 124 of the said Code shall mutatis mutandis apply as if the District Magistrate or the Commissioner were a Court;\n(c) Sections 445, 447 and 448 of the said Code shall mutatis mutandis apply in relation to all bonds executed under this section as if the District Magistrate or the Commissioner were a Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Nature of evidence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Rescission of order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Revocation or modification of orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Forcible removal of externed anti-social element in case of contravention of order.",
            "chapter": null,
            "content": "(a) has failed to remove himself from the district or part thereof as directed by the order; or\n(b) has re-entered the area, from which he was ordered to remove himself during the period of operation of that order, the District Magistrate may cause him to be arrested and removed in police custody to such place outside the area specified in the said order as he may direct.\nChapter-II",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Power to make orders detaining certain persons.",
            "chapter": null,
            "content": "[12A. Grounds of detention severable.\n(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are:-\n(i) vague;\n(ii) non-existent;\n(iii) non-relevant;\n(iv) not connected or not proximately connected with such person; or\n(v) invalid for any other reason whatsoever.\n(b) The Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Execution of detention order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Power to regulate place and conditions of detention.",
            "chapter": null,
            "content": "(a) to be detained in such place and under such conditions, including conditions as to maintenance of discipline and punishment for breaches or discipline as the State Government may, by general or special order, specify; and\n(b) to be removed from one place of detention to another place of detention, by order of the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Detention orders not to be invalid or inoperative on certain grounds.",
            "chapter": null,
            "content": "(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the State Government, or officer making the order; or\n(b) that the place of detention of such person is outside the said limits.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Powers in relation to absconding person.",
            "chapter": null,
            "content": "(a) make a report in writing of the fact to a Chief Judicial Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides;\n(b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Grounds of order of detention to be disclosed to person affected by the order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Constitution of Advisory Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Reference to Advisory Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Procedure of Advisory Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Action upon the report of the Advisory Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Maximum period of detention.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Revocation of detention orders.",
            "chapter": null,
            "content": "(i) Notwithstanding that the order has been made by an officer mentioned in sub-section (2) of Section 12, or by the State Government to which that officer is subordinate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Temporary release of persons detained.",
            "chapter": null,
            "content": "Chapter-III",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Punishment for contravention of orders under sections 3 to 6.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Cognizance of offence.",
            "chapter": null,
            "content": "(a) upon a report in writing of the facts constituting such offences made by a Police Officer not below the rank of Deputy Superintendent of Police; or\n(b) upon information received from any person other than a police officer or from any gazetted officer that such offence has been committed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Savings as to orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Protection of action taken under the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Repeal and saving",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        }
    ],
    "metadata": {
        "Act ID": "bh083",
        "Act Number": "(Bihar Act 7 of 1981)",
        "Enactment Date": "",
        "Act Year": "1981",
        "Short Title": "The Bihar Control of Crimes Act, 1981",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}