The Egress and Internal Movement (Control) Ordinance, 2005

EGRESS AND  INTERNAL MOVEMENT
(CONTROL) ORDINANCE, 2005

(1948 A.D.)

(Ordinance No. V Samvat of 2005)



THE EGRESS AND  INTERNAL MOVEMENT (CONTROL)
ORDINANCE, 2005 (1948 A.D.)

(Ordinance No. V of Samvat 2005)

CONTENTS

Preamble.

SECTION SECTION

 1. Short title, extent and commence-
ment.

2. Control of egress from or move-
ment within the State.

3. Penalty for contravention of order
under section 2.

3-A. Penalty for possessing arms and
explosives.

3-B. Aiding the offender.

3-C. Offences non-bailable.

4. Abetment by pilot.

5. Power of arrest.

6. Power to prevent departure.

7. Protection.

8. Appointment and jurisdiction  of
Special Judges.

9. Transfer  of cases from one
Special Judge to another.

10. Procedure of Special Judges.

11. Sentences by Special Judges.

12. Review of convictions.

13. Hearing of proceeding in camera.

14. Limitation on appearing of legal
practitoners.

15. Special rule of evidence.

16. Special rule of procedure.

17. Exclusion of interference by other
Courts.

18. Accused only entitled to copy of
record.

19. Application of ordinary law.

20. Disclosure of information relating
to proceedings.

21. Power of removal.



THE EGRESS AND INTERNAL MOVEMENT (CONTROL)
ORDINANCE, 2005 (1948 A.D.)

(Ordinance No. V of Samvat 2005)

[Promulgated by His Highness under section 5 of the Jammu and Kashmir
Constitution Act, 1996 and published in Government Gazette dated 9th Poh, 2005
and 12th Magh, 2005.]

An Ordinance to control egress from or movement within the State of
persons for the time being in the State.

Preamble.–– Whereas an emergency has arisen which makes it necessary
to control egress from or movement within the State of persons for the time
being in the State ;

Now, therefore, in exercise of the powers reserved under section 5 of the
Jammu and Kashmir Constitution Act, 1996, His Highness has been pleased to
make and promulgate the following Ordinance :––

1. Short title, extent and commencement. ––(1) This Ordinance may be
called the Egress and Internal Movement (Control) Ordinance, 2005.

(2) It extends to the whole of the State.

(3) It shall come into force at once.

2. Control of egress from or movement within the State.–– The
Government may, by notifying in the Government Gazette, order that any
person for the time being in the State or any class of such persons shall not
proceed to a destination outside the State or move within the State from one
place to another, except under the authority of a written permit granted in
such form and manner and by such authority or person as may be specified
in the order.

1[3. Penalty for contravention of order under section 2.–– Whoever
contravences the provisions of any order made under section 2, shall be
punishable with imprisonment for a term which in the absence of special reasons
to be recorded in writing by the Court, shall not be less than one year but may
extend to two years and shall also be liable to fine.

3-A. Pentalty for possessing arms and explosive.–– Whoever
contravenes  the provision of any order made under section 2 and is found to

1. Sections 3 and 3-A substituted by Act XXIV of 1967.



be in possession of arms, explosives or any equipment capable of being used
for espionage or sabotage, he shall be punishable with imprisonment for a
term which, in the absence of special reasons to be recorded in writing by
the Court, shall not be less than five years but may extend to seven years and
shall also be liable to fine.

3-B. Aiding the offender.–– Whoever, knowing any person to be an
offender under this Ordinance,––

(a) offers any support or maintenance to such offender with the
intention of facilitating the pursuit of any unlawful abject by him ;

(b) harbours or conceals such offender with the intention of screening
him from legal punishment ; or

(c) fails, without any reasonable excuse, burden of proving which shall
lie upon the person so knowing, forth-with to give information to
the  nearst Magistrate or Police Officer of such offender ;

shall be liable to be proceeded against, tried and punished as a principal
offender.

3-C. Offences non-bailable.–– Notwithstanding anything contained in
the  Code of Criminal Procedure, 1989, any offence punishable under sections
3,3-A or 3-B shall be non-bailable.]

4. Abetment by pilot.–– The pilot of any air-craft by means of which any
person leaves the State in contravention of any order made under section 2
shall, unless the proves that he exercised all diligence to prevent the said
contravention, be deemed to have abetted the contravention.

5. Power of arrest. ––(1) Any officer of police, not below the rank of a
Sub-inspector, any officer of the Customs Department and any other officer of
the Government empowered by a general or special order of the Government
on this behalf, may  arrest without warrant any person who has contravened or
against whom a reasonable suspicion exists that he has  contravened the
provisions of order made under section 2.

(2) Every officer making an arrest under this section shall, without
unnecessary delay, take or send the person arrested before a Magistrate 1[x x x ]
or to the officer-in-charge of the nearst police station and the  provisions of

1. Words “having jurisdiction in the case” omitted by Act XI of 1966.



section 61 of the Code of Criminal Procedure, 1989, shall apply in the case of
any such arrest.

6. Power to prevent departure. ––(1) Where any Police Officer, not below
the rank of Inspector, or any other public servant authorised by a general or
special order of the Government in this behalf, has reason to suspect that any
person who is about to depart from the State is attempting so to depart for
purposes prejudicial to the public safety or to the defence of the State, he may,
notwithstanding the fact that such departure does not contravene any order
made under section 2, prevent the departure of that person.

(2) Any Police Officer or other public servant who prevents the depar-
ture of any person under sub-section (1) shall forthwith report the fact of such
prevention to the District Magistrate and the District Magistrate may, if he
thinks fit, by order, take such action so as to prevent his leaving the State so
long as the order under section 2 is in force.

7. Protection.–– No suit, prosecution or other legal proceedings shall lie
against any person for anything in good faith done or intended to be done in
pursuance of this Ordinance or an order made under it.

1[8. Appointment and jurisdiction of Special Judges. ––(1) For the trial of
offences punishable under section 3-A or section 3-B read with section 3-A, the
Government may appoint as Special Judges having jurisdiction throughout the
State, such persons who have for a period of not less than one year exercised the
powers of a Sessions Judge under the Code of  Criminal Procedure, 1989, or
who have, for a period of not less than four years, exercised enhanced powers of
2[Judicial Magistrate] of the first class under section 30 of the said Code or who
have, for a period of not less than ten years, practised at the Bar.

(2) A Special Judge shall try any offence punishable under section 3-A
or section 3-B read with section 3-A which the Government, by general  or
special order in writing, direct to be tried by him and may hold his  sittings for
the trial of any case in any place fixed by the Government.

9. Transfer of cases from one Special Judge to another. ––(1) The
Government may, at any stage of the proceedings before a Special Judge,
transfer the case to another Special Judge.

(2) Notwithstanding anything contained in the Code of Criminal Procedure,
1989, when a case is transferred under sub-section (1), the Special Judge to whom

1. Sections 9 to 20 substituted for section 8 and section 9 re-numbered as section 21 by Act XXIV
of 1967. Sections 8 and 9 were inserted by Ordinance X of Samvat 2007.

2. Substituted by Act XX of 1968.



the case is transferred shall not be bound to resummon or re-hear the
witnesses or any of them unless he is satisfied that such a course is necessary
in the interests of justice.

10. Procedure of Special Judges. ––(1) A Special Judge may take cogni-
zance of an offence without the accused being committed to this Court for
trial, and, in trying accused persons, shall follow the procedure prescribed by,
the Code of Criminal Procedure, 1989, for the trial of warrant cases by 1[Judi-
cial Magistrates] :

Provided that a Special Judge shall ordinarily record a memorandum
only of the substance of the evidence of each witness examined, may refuse to
summon any witness if satisfied after examination of the accused that  the
evidence of such witness will not be material and shall not be bound to adjorn
any trial for any purpose unless such adjournment is in his opinion necessary
in the interests of justice.

(2) In matters not coming within the scope of sub-section (1) the provision
of the Code of Criminal Procedure 1989, so far as they are not inconsistent
with this Ordinance, shall apply to the proceedings of a Special Judge ; and
for the purposes of the said provisions the court of the Special Judge ; and for
the purposes of the said provisions the court of the Special Judge shall be
deemed to be a court of Sessions.

11.  Sentences by Special Judges.–– A Special Judge may pass any
sentence authorised by law.

12.  Review of convicitions. ––(1) If, in any proceeding, the Special Judge
certifies that in his opinion the case has involved questions of special difficulty,
whether of law or fact or is one which for any other reason ought properly to
be reviewed, or when the person convicted by the Special Judge under section
3-A or section 3-B read with section 3-A so demands, the proceeding shall be
submitted for review by a person chosen by the Government from the Judges
of the High Court and the decision of that person shall be final.

(2) Where any proceedings are so submitted for review the Judge
reviewing the proceedings may exercise in his discretion any of the powers
exercisable under section 439 of the Code of Criminal Procedure, 1989, by
the High Court in the case of any proceedings which the section 439 refers :

Provided that where in the exercise of these powers the Judge reviewing
the proceedings directs a retrial of the accused, or directs further evidence to
be taken, the reviewing Judge may direct the retrial to be held or futher evidence
1. Substituted by Act XX of 1968.



to be taken by the Special Judge by whom the case was tried in the first instance
or by any other Special Judge, or by a Special Judge to be appointed for the
purpose by the Government.

(3) The person appointed under sub-section (1) to review the proceedings
of a Special Judge may call for and examine the record of any proceedings
before the Special Judge for the purpose of satisfying himself as to the correctness,
legality or propriety of any fiding, sentence or order recorded or passed and as
to the regularity of any proceedings of the Special Judge, and may exercise in
the case of proceedings the record of which has been so called for any of the
powers which would have been exercisable by him in the case of such proceedings
had they been submitted to him for  review under sub-section (1).

13. Hearing of proceedings in camera.–– If, as respects any proceedings
before a Special Judge or before a judge reviewing under section 12 of the
proceedings of a Special Judge, the Special Judge or reviewing Judge, as the
case may be, is satisfied that it is expendient in the interests of the public
safety or the security of the State so to do, such Judge may give directions,
that throughout or during any part of the proceedings such person or  class of
persons as the Judge may determine shall be excluded.

14. Limitation on appearance of legal practitioners. ––(1) In any
proceedings before the Special Judge and in proceeding before a Judge
reviewing under section 12 the proceedings of a Special Judge when the  Special
Judge or the reviewing Judge permission in this behalf, a person accused of an
offence triable under section 3-A or section 3-B read with section 3-A may be
defended by a legal practitioner.

(2) A Special Judge, or a Judge reviewing under section 12 the proceedings
of a Special Judge, may appoint a legal practitioner at any  stage of the
proceedings for a person accused of an offence triable under  section 3-A or
section 3-B read with section 3-A who has himself engaged a legal practitioner.

(3) A Special Judge shall not  be required to grant an adjournment for the
purpose of securing the attendance of a legal practitioner, if in the opinion of the
Special Judge such adjournment would cause unreasonable delay in the disposal
of the case.

15. Special rule of evidence.–Notwithstanding anything contained in the
Evidence Act, 1977, when the statement of any person has been recorded by a
1[Judge Magistrate] such statement may be admitted in evidence in  any trial
before a Special Judge, if such person is dead or cannot be found or is incapable
of giving evidence.
1. Substituted by Act XX of 1968.



16. Special rule of procedure. ––(1) When any accused, in a trial before a
Special Judge, has by his voluntary act rendered himself incapable of  appearing
before the Court, or resists his production before it or behaves before it in a
persistently disorderly manner, the Court may, at any stage of  the trial, by order
in writing, made after such enquiry as it may think fit, dispense with the attendance
of such accused for such period as it may think fit and proceed with the trial in
his absence.

(2) Where a plea is required in answer to a charge from an accused whose
attendance has been dispensed with under sub-section (1) such accused shall be
deemed not to plead guilty.

(3) An order under sub-section (1) dispensing with the attendance of an
accused shall not affect his right of being represented by a legal practitioner at
any stage of the trial, or being present in person if he has become capable of
appearing, or appears in Court and undertakes to behave in an orderly manner.

(4) Notwithstanding anything contained in the Code of Criminal Procedure,
1989, no finding, sentence or order passed in a trial before a Special Judge shall
be held to be illegal by reason of any omission or irregularity whatsoever arising
from the absence of any or all of the accused whose attendance has been dispensed
with under sub-section (1).

17. Exclusion of interference of other Courts.–– Notwithstanding the
provisions of the Code of Criminal Procedure, 1989, or of any other law  for the
time being in force, or of anything having the force of law by  whatsoever authority
made or done, there shall be no appeal from any order  or sentence made or
passed by a Special Judge or reviewing Judge under section 3-A or section 3-B
read with section 3-A of this Ordinance and save as provided in this Ordinance,
no Court shall have authority to revise such order or sentence or to transfer any
case from the Court of a Special Judge or to make any order section 491 of the
Code of Criminal Procedure, 1989, or have any urisdiction of any kind in respect
of  any proceedings under the aforeasid sections of this Ordinance.

18. Accused only entitled to copy of record. ––(1) Notwithstanding the
provisions of the Code of Criminal Procedure, 1989, or of any other law  for the
time being in force, or of anything having the force of law by whatsoever authority
made or done, no person, other than the accused  or his legal practitioner, shall
be entitled to be furnished with a copy of any part of the records of, or of any
document relating to, any proceedings under section 3-A or section 3-B read
with section 3-A of this Ordinance.

(2) Any such copy furnished to the accused or his legal practitioner shall



be kept by the person whom it was furnished in his personal custody, and it shall
be an offence punishable under section 20 for that person to  show it to any
person other than his legal practitioner or his client, as the case may be, or to
divulage its contents except in the course of the proceeding for the purpose of
which it was obtained.

(3) Any such copy shall be returned to the authority from whom it was
obtained  within  ten days of the conclusion of the proceedings for the purpose
of which it was furnished and any failure so to do shall be punishable with the
punishment provided for an offence under section 20.

19. Application of ordinary law. ––(1) The provisions of the Code of
Criminal Procedure, 1989, and of any other law for the time being in force in so
far as they may be applicable and in so far as they are not inconsitent with the
provisions of this Ordinance shall apply to all matters connected with, arising
from or consequent upon, a trial under this Ordinance.

20. Disclosure of information relating to proceedings.–– Any person who,
without the previous authorisation of the Government, discloses or publishes
any information with respect to any proceedings or with respect to any person
proceeded against under section 3-A or section 3-B read with section 3-A of this
Ordinance, shall be punishable with imprisonment for a term which may extend
to two years, or with fine, or with both.

21. Power of removal.–– Without prejudice to the provision contained in
section 5, the Government may, by general or special order, direct the removal
from the Indian side of the Cease-fire Line to the other side of the  said Line of
any person who has committed, or against who a reasonable suspicion exists
that he has committed, an offence under this Ordinance, and the thereupon any
officer of Government shall have all reasonable powers necessary to enforce
such direction.]

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