belonging to him, shall, during the period of such trial, be attached, and where such trial ends in
conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose
of realisation of any fine imposed under this Chapter.
8. Presumption as to offences.—In a prosecution for an offence under this Chapter, if it is proved
that—
(a) the accused rendered 1[any financial assistance in relation to the offences committed by a
person accused of], or reasonably suspected of, committing, an offence under this Chapter, the
Special Court shall presume, unless the contrary is proved, that such person had abetted the offence;
(b) a group of persons committed an offence under this Chapter and if it is proved that the offence
committed was a sequel to any existing dispute regarding land or any other matter, it shall be
presumed that the offence was committed in furtherance of the common intention or in prosecution of
the common object;
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[(c) the accused was having personal knowledge of the victim or his family, the Court shall
presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is
proved.]
9. Conferment of powers.—(1) Notwithstanding anything contained in the Code or in any other
provision of this Act, the State Government may, if it considers it necessary or expedient so to do,—
(a) for the prevention of and for coping with any offence under this Act, or
(b) for any case or class or group of cases under this Act,
in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State
Government, the powers exercisable by a police officer under the Code in such district or part thereof or,
as the case may be, for such case or class or group of cases, and in particular, the powers of arrest,
investigation and prosecution of persons before any Special Court.
(2) All officers of police and all other officers of Government shall assist the officer referred to in
sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made
thereunder.
(3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an
officer under sub-section (1).
CHAPTER III
EXTERNMENT
10. Removal of person likely to commit offence.—(1) Where the Special Court is satisfied, upon a
complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in
any area included in ‗Scheduled Areas‘ or ‗tribal areas‘, as referred to in article 244 of the Constitution,
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[or any area identified under the provisions of clause (vii) of sub-section (2) of section 21], it may, by
order in writing, direct such person to remove himself beyond the limits of such area, by such route and
within such time as may be specified in the order, and not to return to that area from which he was
directed to remove himself for such period, not exceeding 4[three years], as may be specified in the order.
(2) The Special Court shall, along with the order under sub-section (1), communicate to the person
directed under that sub-section the grounds on which such order has been made.
(3) The Special Court may revoke or modify the order made under sub-section (1), for the reasons to
be recorded in writing, on the representation made by the person against whom such order has been made
or by any other person on his behalf within thirty days from the date of the order.
1. Subs. by Act 1 of 2016, s. 6, for ―any financial assistance to a person accused of‖ (w.e.f. 26-1-2016).
2. Ins. by s. 6, ibid. (w.e.f. 26-1-2016).
3. Ins. by s. 7, ibid. (w.e.f. 26-1-2016).
4. Subs. by s. 7, ibid., for ―two years‖ (w.e.f. 26-1-2016).
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