Externment, etc., of anti-social elements

Section 3 of the Bihar Control of Crimes Act, 2024 deals with externment, etc., of anti-social elements. It shall come into force immediately on publication in Bihar Gazette.

It shall come into force immediately on publication in Bihar Gazette. 2. Definition. - 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 any 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.

Section 3, The Bihar Control of Crimes Act, 2024 (Act 259 of 2024).