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Terrorist Affected Areas (Special Courts) Act, 1984
[61 OF 1984]
An Act to provide for the speedy trial of certain offences in terrorist affected areas and for matters connected therewith.
B E it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—
Short title, extent and commencement.
1. (1) This Act may be called the Terrorist Affected Areas (Special Courts) Act, 1984 1 .
(2)It extends to the whole of India except the State of Jammu and Kashmir 2 .
(3)It shall be deemed to have come into force on the 14th day of July, 1984.
COMMENTS
SECTION NOTES
1.1 Short Title of the Act
Title of the Act:
This Act may be referred to as the “Terrorist Affected Areas (Special Courts) Act, 1984”.
1.2 Extent of the Act
The provisions of this Act apply to the whole of India.
1.3 Commencement of the Act
The Act is deemed to have come into force on the 14th day of July, 1984.
Definitions.
2. (1) In this Act, unless the context otherwise requires,— (a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974)*;
1.Dated 31-8-1984.
2. Vide the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh, w.e.f. 31-10-2019.
*Now the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) [Vide Notification No. S.O. 2790(E), dated 16-7-2024]
(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.
COMMENTS
SECTION NOTES
2.1 “High Court” [Section 2(b)]
In the context of a Special Court: The term “High Court” refers to the High Court within whose jurisdiction the Special Court is proposed to be, or is, established.
2.2 “Public Prosecutor” [Section 2(e)]
A Public Prosecutor includes various categories of prosecutors: The Public Prosecutor, Additional Public Prosecutor, or Special Public Prosecutor appointed under section 9 of this Act.
It also includes anyone acting under the directions of the Public Prosecutor.
2.3 “Terrorist” [Section 2(h)]
A terrorist is defined as a person involved in activities such as: Wanton killing, violence, or causing destruction to essential services or communications.
Damage to property intended to:
1. Create fear in the public.
2. Affect communal harmony or relations between groups.
3. Coerce or intimidate the Government.
4. Endanger India’s sovereignty and integrity.
2.4 “Words and Expressions Not Defined” [Section 2(j)]
If a term or expression is used in the Act but is not explicitly defined in section 2, and it is defined in the Code of Criminal Procedure (CrPC): The meaning assigned to it in the CrPC will apply.
2.5 Reference to Local Laws in Certain Areas [Section 2(2)]
In regions where the CrPC is not in force:
References to the Code or its provisions in this Act should be interpreted as referring to the corresponding local laws or provisions that are applicable in those areas.
Declaration of terrorist affected area.
3. (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
(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,
Terrorist Affected Areas (Special Courts) Act 1984 – Bare Act with
Section Notes
AUTHOR : Taxmann’s Editorial Board
PUBLISHER : Taxmann
DATE OF PUBLICATION : December 2025
EDITION : 2026 Edition
ISBN NO : 9789375614814
No. of Pages : 24
BINDING TYPE : Paperback
Rs. 75
DESCRIPTION
Terrorist Affected Areas (Special Courts) Act 1984 [Bare Act with Section Notes] by Taxmann presents a consolidated, authoritative, and updated statutory text of a key special criminal legislation enacted to ensure the speedy trial of specified offences in areas declared as ‘terrorist affected.’ This publication enhances accessibility by combining the verbatim statutory text with clear section notes, explanatory comments, and selective judicial references, highlighting legislative intent, special procedural features, and judicial interpretation.
This book is intended for the following audience:
• Legal Practitioners & Judiciary
• Law Enforcement & Investigative Agencies
• Policy Makers & Government Officials
• Academicians & Students
• Libraries & Institutions
The Present Publication is the 2026 Edition, covering the amended and updated text of the Terrorist Affected Areas (Special Courts) Act [Act No. 61 of 1984], with the following noteworthy features:
• [Bare Act Text] Authenticated statutory text with amendments incorporated at appropriate places
• [Section Notes & Comments] Concise notes explaining statutory terms, procedural provisions, and powers of Special Courts
• [Case Law References] Select Supreme Court and High Court rulings on jurisdiction, bail, transfers, and appeals
• [Updated Procedural References] References to the Bharatiya Nagarik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 2023
• [Pre-amendment Provisions] Earlier versions of amended provisions provided through amendment footnotes
• [Practical Insights] Coverage of overriding effect, exclusive jurisdiction, stringent bail conditions, incamera trials, and witness protection
• [Easy Navigation] Detailed contents and subject index for quick reference