UP Gangsters Act 4

Section 4 · Special Rules of Evidence

Notwithstanding anything to the contrary contained in the Code or the Indian Evidence Act, 1872, for the purposes of trial and punishment for offences under this Act or connected offences--

(a)

the court may take into consideration the fact that the accused was--

(i)on any previous occasion bound down under Section 107 or Section 108 or Section 109 or Section 110 of the Code, or

(ii)detained under any law relating to preventive detention, or

(iii)externed under the Uttar Pradesh Control of Goondas Act, 1970 (Act No. 8 of 1971) or any other such law;

(b)

where it is proved that a gangster or any person on his behalf is or has at any time been, in possession of movable or immovable property which he cannot satisfactorily account for, or where his pecuniary resources are disproportionate to his known sources of income, the Court shall, unless contrary is proved, presume that such property or pecuniary resources have been acquired or derived by his activities as a gangster;

(c)

where it is proved that the accused has kidnapped or abducted any person, the Court shall, presume that it was for ransom;

(d)

where it is proved that a gangster has wrongfully concealed or confined a kidnapped or abducted person, the Court shall presume that the gangster knew that such person was kidnapped or abducted, as the case may be;

(e)

the Court may, if for reasons to be recorded it thinks fit so to do proceed with the trial in the absence of the accused and record the evidence of any witness, provided that the witness may be recalled for cross-examination if the accused so desires but recording his examination-in-chief afresh in presence of the accused shall not be necessary.

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