UNLAWFUL ACTIVITIES PREVENTION ACT, 1967
(1) This Act may be called the Unlawful Activities (Prevention) Act, 1967."
(2) It extends to the whole of India.
(3) Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India.
(4) Any person, who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India.
(5) The provisions of this Act apply also to—
(a) citizens of India outside India;
(b) persons in the service of the Government, wherever they may be; and
(1) In this Act, unless the context otherwise requires,—"
(a) “association” means any combination or body of individuals;
(b) “cession of a part of the territory of India” includes admission of the claim of any foreign country to any such part;
(c) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
(d) “court” means a criminal court having jurisdiction, under the Code, to try offences under this Act;
(e) “Designated Authority” means such officer of the Central Government not below the rank of Joint Secretary to that Government, or such officer of the State Government not below the rank of Secretary to that Government, as the case may be, as may be specified by the Central Govern
(1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful."
(2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary:
Provided that nothing in this sub-section shall require the Central Government to disclose any fact which it considers to be against the public interest to disclose.
(3) No such notification shall have effect until the Tribunal has, by an order made under section 4, confirmed the declaration made therein and the order is published in the Official Gazette:
Provided that if the Central Government is of op
(1) Where any association has been declared unlawful by a notification issued under sub-section (1) of section 3, the Central Government shall, within thirty days from the date of the publication of the notification under the said sub-section, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful."
(2) On receipt of a reference under sub-section (1), the Tribunal shall call upon the association affected by notice in writing to show cause, within thirty days from the date of the service of such notice, why the association should not be declared unlawful.
(3) After considering the cause, if any, shown by the association or the office-bearers or members thereof, the Tribunal shall hold an inquiry in the manner specified in section 9 and after ca
(1) The Central Government may, by notification in the Official Gazette, constitute, as and when necessary, a Tribunal to be known as the “Unlawful Activities (Prevention) Tribunal” consisting of one person, to be appointed by the Central Government\:"
Provided that no person shall be so appointed unless he is a Judge of a High Court.
(2) If, for any reason, a vacancy (other than a temporary absence) occurs in the office of the presiding officer of the Tribunal, then, the Central Government shall appoint another person in accordance with the provisions of this section to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.
(3) The Central Government shall make available to the Tribunal such staff as may be necessary for the di
(1) Subject to the provisions of sub-section (2), a notification issued under section 3 shall, if the declaration made therein is confirmed by the Tribunal by an order made under section 4, remain in force for a period of two years from the date on which the notification becomes effective."
(2) Notwithstanding anything contained in sub-section (1), the Central Government may, either on its own motion or on the application of any person aggrieved, at any time, cancel the notification issued under section 3 whether or not the declaration made therein has been confirmed by the Tribunal.
(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section and the Central Government is satisfied, after such inquiry as it may think it, that any person has custody of any moneys, securities or credits which are being used or are intended to be used for the purpose of the unlawful association, the Central Government may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with such moneys, securities or credits or with any other moneys, securities or credits which may come into his custody after the making of the order save in accordance with the written orders of the Central Government and a copy of such order shall be served upon the person so prohibited in the manner specified in sub-section (3)."
(2) The
(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section, the Central Government may, by notification in the Official Gazette, notify any place which in its opinion is used for the purpose of such unlawful association."
Explanation.—For the purposes of this sub-section, “place” includes a house or building, or part thereof, or a tent or vessel.
(2) On the issue of notification under sub-section (1), the District Magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorised by him in writing in this behalf shall make a list of all movable properties (other than wearing apparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food-stuffs an
Subject to any rules that may be made under this Act, the procedure to be followed by the Tribunal in holding any inquiry under sub-section (3) of section 4 or by a Court of the District Judge in disposing of any application under sub-section (4) of section 7 or sub-section (8) of section 8 shall, so far as may be, be the procedure laid down in the 1[Code]; for the investigation of claims and the decision of the Tribunal or the Court of the District Judge, as the case may be, shall be final.
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1. Subs. by Act 29 of 2004, sec. 3, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.r.e.f. 21-9-2004).
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Where an association is declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section,—
(a) a person, who—
(i) is and continues to be a member of such association; or
(iii) contributes to, or receives or solicits any contribution for the purpose of, such association; or
(iv) in any way assists the operations of such association,
shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine; and
(b) a person, who is or continues to be a member of such association, or voluntarily does an act aiding or promoting in any manner the objec
The Unlawful Activities (Prevention) Act, 1967 (UAPA) is a comprehensive Indian legislation enacted to prevent unlawful activities and associations in India. Section 10 of this Act specifically deals with the penalty for being a member of an unlawful association and related offences. The Act has undergone various amendments to strengthen its provisions against terrorism and unlawful activities.
Section 10 of the Unlawful Activities (Prevention) Act, 1967 prescribes the penalty for being a member of an unlawful association. It states that when an association is declared unlawful by a notification issued under Section 3 of the Act, which has become effective under Section 4, any person who:
shall be punishable under the provisions of this section.
The essential ingredients of Section 10 include:
The scope of Section 10 covers various forms of participation in unlawful associations. The courts have interpreted that the provisions deal with proceedings against individuals involved with unlawful associations. The section works in conjunction with other provisions of the Act, particularly Sections 10(a), 13, and related penal provisions [Nishant Jain S/o. Suresh Chand Jain VS State of Chhattisgarh, Through Station House Officer, Police Station-Siksod, Chhattisgarh - 2023 0 Supreme(Chh) 360][Dipanjali Borgohain D/O Shri Hem Chandra Gohain VS State Of Assam - 2023 0 Supreme(Gau) 909].
Section 10 provides for punishment for being a member of an unlawful association. The punishment under the Act includes imprisonment and fine, as detailed under Chapter III (Offences and Penalties) of the Act. The specific punishment terms are prescribed under Sections 10 to 14 of the UAPA .
Scope of Penalty - Section 10 prescribes penalty for being a member of an unlawful association, taking part in its meetings, contributing to its funds, or assisting its operations after a declaration under Section 3 has become effective. -
Judicial Application - The courts have applied Section 10 in conjunction with Section 13 and other penal provisions under the UAPA, particularly in cases involving criminal conspiracy and unlawful activities. - [Nishant Jain S/o. Suresh Chand Jain VS State of Chhattisgarh, Through Station House Officer, Police Station-Siksod, Chhattisgarh - 2023 0 Supreme(Chh) 360][Dipanjali Borgohain D/O Shri Hem Chandra Gohain VS State Of Assam - 2023 0 Supreme(Gau) 909]
Cognizable Offences - Offences under the Unlawful Activities (Prevention) Act, 1967 are designated as cognizable, enabling arrest without warrant. -
Sentence Consideration - In bail applications under Section 439 CrPC, courts consider UAPA Section 10 and 13 charges but clarify that observations on merits are only for bail determination and shall not influence the trial. - [Bina Rani Debbarma VS State of Tripura - 2010 0 Supreme(Gau) 584]
Special Legislation Over General Law - The Passports Act, 1967 (Section 10) being a special law prevails over general law like the CrPC regarding impounding of passports, establishing a parallel principle that special legislation governs specific matters. - ["Shaik Abdul Jabbar VS State of A. P. - Crimes (2019)"]["MOHAMMED TASNIM VS STATE OF KARNATAKA - 2015 0 Supreme(Kar) 454"]
Conviction Requirements - For conviction under UAPA Section 10 and related provisions, suspicion cannot take the place of proof; conviction cannot be based on speculation, conjectures, or a broken chain of circumstantial evidence. - ["Dipanjali Borgohain D/O Shri Hem Chandra Gohain VS State Of Assam - 2023 0 Supreme(Gau) 909"]
Departmental Proceedings - UAPA Section 10 and 13 have been considered in service matters and departmental proceedings, with courts examining the justification for continued suspension of employees charged under these provisions. - ["Nripen Sharma, Son of Late Upen Sharma VS State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Education (Secondary) Department, Dispur, Guwahati - 2017 0 Supreme(Gau) 395"]
Unlawful Association Definition - The UAPA defines "unlawful association" and empowers the central government to declare associations unlawful through notification under Section 3, upon which Section 10 penalties become applicable. -
Terrorist Activities Connection - Section 10 operates within the broader framework of the UAPA, which includes provisions against terrorist activities under Chapter IV (Sections 15-18) dealing with punishment for terrorist acts and conspiracy. -
Legislative Objective - The UAPA derives its authority from Article 245 of the Constitution, specifically Entry I of List I (Union List), pertaining to the "Defence of India," making it a crucial national security legislation. -
Constitutional Validity - The Act provides for the "effective prevention" of certain unlawful activities and associations in India, balancing national security concerns with individual rights. -
Post-2004 Amendments - The Unlawful Activities (Prevention) Amendment Act, 2004 introduced significant changes, including the designation of authorities and strengthening of provisions. -
Procedural Requirements - When proceedings under Section 10 are combined with other penal sections like 120B IPC, courts consider only materials brought on record by the prosecution at the discharge stage, and the defence of the accused cannot be looked into. - [Nishant Jain S/o. Suresh Chand Jain VS State of Chhattisgarh, Through Station House Officer, Police Station-Siksod, Chhattisgarh - 2023 0 Supreme(Chh) 360]
Prosecution Burden - The prosecution must prove charges beyond all reasonable doubt; the trial court cannot make findings based on speculation or suspicion. - ["Dipanjali Borgohain D/O Shri Hem Chandra Gohain VS State Of Assam - 2023 0 Supreme(Gau) 909"]
Fundamental Rights Impact - The impounding of passports under Section 10 of the Passports Act without affording an opportunity of hearing violates fundamental rights under Articles 14 and 21 of the Constitution. - ["Sunil Kumar Bishnoi VS Union Of India - 2020 0 Supreme(P&H) 1032"]
Natural Justice - A passport holder is entitled to a reasonable opportunity of being heard before a decision to impound the passport is taken under Section 10(3)(e) of the Passports Act. - ["Hassan Ali Khan VS Regional Passport Officer, Passport Office, Hyderabad - 1997 0 Supreme(AP) 749"]
Complete Code Principle - The Passports Act has been held to be a complete code for dealing with the impounding of passports, and actions under other general laws (like the Income Tax Act) cannot validate the impounding of passports. - ["Avinash Bhosale VS Union of India - 2008 0 Supreme(Bom) 852"]
Territorial Application - The UAPA extends to the whole of India, with special provisions for Jammu and Kashmir regarding the date of enforcement. -
Preventive Nature - The Act aims at the "effective prevention" of unlawful activities, making it both a penal and preventive legislation for maintaining national security. -
If any person on whom a prohibitory order has been served under sub-section (1) of section 7 in respect of any moneys, securities or credits pays, delivers, transfers or otherwise deals in any manner whatsoever with the same in contravention of the prohibitory order, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and notwithstanding anything contained in the 1[Code], the court trying such contravention may also impose on the person convicted an additional fine to recover from him the amount of the moneys or credits or the market value of the securities in respect of which the prohibitory order has been contravened or such part thereof as the court may deem fit.
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1. Subs. by Act 29 of 2004, sec. 3
(1) Whoever uses any article in contravention of a prohibitory order in respect thereof made under sub-section (3) of section 8 shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to fine.
(2) Whoever knowingly and wilfully is in, or effects or attempts to effect entry into, a notified place in contravention of an order made under sub-section (4) of section 8 shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to fine.
(1) Whoever—"
(a) takes part in or commits, or
(b) advocates, abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
(2) Whoever, in any way, assists any unlawful activity of any association declared unlawful under section 3, after the notification by which it has been so declared has become effective under sub-section (3) of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
(3) Nothing in this section shall apply to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any
The Unlawful Activities (Prevention) Act, 1967 (UAPA) was enacted to prevent unlawful activities that threaten the integrity and sovereignty of India. Section 13 of the UAPA specifically addresses the punishment for engaging in unlawful activities, which includes advocating, abetting, or inciting such activities.
Section 13 of the UAPA states that any person who takes part in or commits, or advocates, abets, advises, or incites the commission of any unlawful activity shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
The scope of Section 13 is broad, encompassing various forms of participation in unlawful activities, including direct involvement and indirect support through advocacy or incitement. This section is crucial for addressing terrorism and other forms of organized crime that threaten national security.
The punishment under Section 13 can extend to seven years of imprisonment, along with a fine. The severity of the punishment reflects the seriousness with which the law treats unlawful activities that threaten the state.
This commentary provides a comprehensive overview of Section 13 of the UAPA, highlighting its legal implications, essential ingredients, and the judicial landscape surrounding its application.
Notwithstanding anything contained in the 1[Code], an offence punishable under this Act shall be cognizable.
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1. Subs. by Act 29 of 2004, sec. 3, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.r.e.f. 21-9-2004).
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Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country, does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community in India or in any foreign country or causes damage or destruction of any property or equipment used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their age
(1) Whoever commits a terrorist act shall,—"
(a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;
(b) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
Whoever raises fund for the purpose of committing a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine\:"
Provided that this section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.
Any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.
Whoever knowingly holds any property derived or obtained from commission of any terrorist act or acquired through the terrorist fund shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.
Whoever threatens any person who is a witness or any other person in whom such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other person in whom the witness may be interested, or does any other unlawful act with intent to cause any of the said acts, shall be punishable with imprisonment which may extend to three years, and shall also be liable to fine.
(1) If any person with intent to aid any terrorist contravenes any provision of, or any rule made under the Explosives Act, 1884 (4 of 1884) or the Explosive Substances Act, 1908 (6 of 1908) or the Inflammable Substances Act, 1952 (20 of 1952) or the Arms Act, 1959 (54 of 1959), or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine."
(2) Any person who, with intent to aid any terrorist, attempts to contravene or abets, or does any act preparatory to contravention of any pro
(1) No person shall hold or be in possession of any proceeds of terrorism."
(2) Proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such terrorist or other person is prosecuted or convicted for any offence under Chapter IV or Chapter VI, shall be liable to be forfeited to the Central Government or the State Government, as the case may be, in the manner provided under this Chapter.
(1) If an officer investigating an offence committed under Chapter IV or Chapter VI, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director General of the Police of the State in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom the property seized or attached is produced and a copy of such order shall be served on the person concerned."
(2) The investigating officer shall duly inform the Designated Authority within forty-eight hours of the seizure or attachmen
Where any property is seized or attached on the ground that it constitutes proceeds of terrorism and the court confirms the order in this regard under sub-section (6) of section 25, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached, is prosecuted in a court for an offence under Chapter IV or Chapter VI.
(1) No order forfeiting any proceeds of terrorism shall be made under section 26 unless the person holding or in possession of such proceeds is given a notice in writing informing him of the grounds on which it is proposed to forfeit the proceeds of terrorism and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter."
(2) No order of forfeiture shall be made under sub-section (1), if such person establishes that he is a bona fide transferee of such proceeds for value without knowing that they represent proceeds of terrorism.
(3) It shall be competent for the court to make an order in respect of the property seized or attached,—
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(1) Any person aggrieved by an order of forfeiture under section 26 may, within one month from the date of the receipt of such order, appeal to the High Court within whose jurisdiction, the court, which passed the order appealed against, is situated."
(2) Where an order under section 26 is modified or annulled by the High Court or where in a prosecution instituted for any offence under Chapter IV or Chapter VI, the person against whom an order of forfeiture has been made under section 26 is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price therefor as if the property had been sold to the Central Government with reasonable interest calculated from the day of seizure of the property and such price shall be determined in the manner prescribed.
The order of forfeiture made under this Chapter by the court, shall not prevent the infliction of any other punishment to which the person affected thereby is liable under Chapter IV or Chapter VI.
(1) Where any claim is preferred or any objection is made to the seizure or attachment of any property under section 25 on the ground that such property is not liable to seizure or attachment, the Designated Authority before whom such property is produced, shall proceed to investigate the claim or objection\:"
Provided that no such investigation shall be made where the Designated Authority considers that the claim or objection is designed to cause unnecessary delay.
(2) Where an appeal has been preferred under sub-section (6) of section 25 and any claimant or objector establishes that the property specified in the notice issued under section 27 is not liable to be forfeited under this Chapter, the said notice shall be withdrawn or modified accordingly.
The Designated Authority, acting under the provisions of this Chapter, shall have all the powers of a civil court required for making a full and fair inquiry into the matter before it.
Where, after the issue of an order under section 25 or issue of a notice under section 27, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purpose of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void.
(1) Where any person is accused of an offence under Chapter IV or Chapter VI, it shall be open to the court to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached, if not already attached under this Chapter."
(2) Where a person has been convicted of any offence punishable under Chapter IV or Chapter VI, the court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the Central Government or the State Government, as the case may be, free from all encumbrances.
Where any share in a company stands forfeited to the Central Government or the State Government, as the case may be, under this Chapter, then, the company shall, on receipt of the order of the court, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or the articles of association of the company, forthwith register the Central Government or the State Government, as the case may be, as the transferee of such share.
(1) The Central Government may, by order, in the Official Gazette,—"
(a) add an organisation in the Schedule;
(b) add also an organisation to the Schedule, which is identified as a terrorist organisation in a resolution adopted by the Security Council under Chapter VII of the Charter of the United Nations, to combat international terrorism;
(c) remove an organisation from the Schedule;
(d) amend the Schedule in some other way.
(2) The Central Government shall exercise its power under clause (a) of sub-section (1) in respect of an organisation only if it believes that it is involved in terrorism.
(3) For the purposes of sub-section (2), an organisat
(1) An application may be made to the Central Government for the exercise of its power under clause (c) of sub-section (1) of section 35 to remove an organisation from the Schedule."
(2) An application under sub-section (1) may be made by—
(b) any person affected by inclusion of the organisation in the Schedule as a terrorist organisation.
(3) The Central Government may prescribe the procedure for admission and disposal of an application made under this section.
(4) Where an application under sub-section (l) has been rejected the applicant may apply for a review to the Review Committee constituted by the Central Government under sub-section (1) of section 37 within one month from the date of receipt of the order of such refusal by the applicant.<
(1) The Central Government shall constitute one or more Review Committees for the purposes of section 36."
(2) Every such Committee shall consist of a Chairperson and such other members not exceeding three and possessing such qualifications as may be prescribed.
(3) A Chairperson of the Committee shall be a person who is, or has been, a Judge of a High Court, who shall be appointed by the Central Government and in the case of appointment of a sitting Judge, the concurrence of the Chief Justice of the concerned High Court shall be obtained.
(1) A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation\:"
Provided that this sub-section shall not apply where the person charged is able to prove—
(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and
(b) that he has not taken part in the activities of the organisation at any time during its inclusion in the Schedule as a terrorist organisation.
(2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a
(1) A person commits the offence relating to support given to a terrorist organisation,—"
(a) who, with intention to further the activity of a terrorist organisation,—
(i) invites support for the terrorist organisation, and
(ii) the support is not or is not restricted to provide money or other property within the meaning of section 40; or
(b) who, with intention to further the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which he knows is—
(i) to support the terrorist organisation, or
(ii) to further the activity of the terrorist organisation, or
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(1) A person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation,—"
(a) invites another person to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or
(b) receives money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or
(c) provides money or other property, and knows, or has reasonable cause to suspect, that it would or might be used for the purposes of terrorism.
Explanation.—For the purposes of this sub-section, a reference to provide money or other pro
An association shall not be deemed to have ceased to exist by reason only of any formal act of its dissolution or change of name but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.
The Central Government may, by notification in the Official Gazette, direct that all or any of the powers which may be exercised by it under section 7, or section 8, or both, shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any State Government and the State Government may, with the previous approval of the Central Government, by order in writing, direct that any power which has been directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any person subordinate to the State Government as may be specified therein.
Notwithstanding anything contained in the Code, no police officer,—"
(a) in the case of the Delhi Special Police Establishment, constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946, (25 of 1946), below the rank of a Deputy Superintendent of Police or a police officer of equivalent rank;
(b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan area notified as such under sub-section (1) of section 8 of the Code, below the rank of an Assistant Commissioner of Police;
(c) in any case not relatable to clause (a) or clause (b), below the rank of a Deputy Superintendent of Police or a police officer of an equivalent rank,
shall investigate any offence punishab
Section 43 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) is a crucial provision that delineates the restrictions on granting bail to individuals accused of offences under the Act, especially in cases involving terrorism and unlawful activities. It embodies the legislative intent to prevent accused persons from being released on bail if there are reasonable grounds to believe that the accusations are prima facie true, reflecting the gravity of offences under the Act.
Section 43 of the UAPA stipulates that no person accused of an offence punishable under Chapters IV and VI of the Act shall be released on bail or on his own bond if the court is of the opinion that there are reasonable grounds for believing that the accusations made are prima facie true. The section emphasizes that the restrictions on bail are mandatory when such grounds exist, and the court's discretion is limited in these circumstances.
This concise legal commentary synthesizes the legislative intent, judicial interpretations, and constitutional principles surrounding Section 43 of the UAPA, emphasizing the balance between national security and individual liberty.
(1) Notwithstanding anything contained in the Code, the proceedings under this Act may, for reasons to be recorded in writing, be held in camera if the court so desires."
(2) A court, if on an application made by a witness in any proceeding before it or by the Public Prosecutor in relation to such witness or on its own motion, is satisfied that the life of such witness is in danger, it may, for reasons to be recorded in writing, take such measures as it deems fit for keeping the identity and address of such witness secret.
(3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures which a court may take under that sub-section may include—
(a) the holding of the proceedings at a place to be decided by the court;
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No court shall take cognizance of any offence—"
(i) under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf;
(ii) under Chapters IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and where such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.
Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of the Indian Telegraph Act, 1885 (13 of 1885) or the Information Technology Act, 2000 (21 of 2000) or any other law for the time being in force, shall be admissible as evidence against the accused in the court during the trial of a case\:"
Provided that the contents of any wire, electronic or oral communication intercepted or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court unless each accused has been furnished with a copy of the order of the competent authority under the aforesaid law, under which the interception was directed, not less than ten days before
(1) Save as otherwise expressly provided in this Act, no proceeding taken under this Act by the Central Government or the District Magistrate or any officer authorised in this behalf by the Central Government or the District Magistrate, shall be called in question in any civil court in any suit or application or by way of appeal or revision, and no injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act."
(2) Notwithstanding anything contained in sub-section (1), no civil court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters referred to in section 36.
The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.
No suit, prosecution or other legal proceeding shall lie against—"
(a) the Central Government or a State Government or any officer or authority of the Central Government or State Government or District Magistrate or any officer authorised in this behalf by the Government or the District Magistrate or any other authority on whom powers have been conferred under this Act, for anything which is in good faith done or purported to be done in pursuance of this Act or any rule or order made thereunder; and
(b) any serving or retired member of the armed forces or para-military forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism.
Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the navy, army or air force or other armed forces of the Union.
Notwithstanding anything contained in any other law for the time being in force, the passport and the arms licence of a person, who is charge-sheeted for having committed any offence under this Act, shall be deemed to have been impounded for such period as the court may deem fit.
(1) The Central Government may, by notification in the Official Gazette, makes rules for carrying out the provisions of this Act."
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the service of notices or orders issued or made under this Act and the manner in which such notices or orders may be served, where the person to be served is a corporation, company, bank or other association;
(b) the procedure to be followed by the Tribunal or a District Judge in holding any inquiry or disposing of any application under this Act;
(c) determination of the price of the forfeited property under sub-section (2) of section 28;
Every order and every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or rule or both Houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule.
The Schedule
[See sections 2(l)(m) and 35]
1. Babbar Khalsa International.
2. Khalistan Commando Force.
3. Khalistan Zindabad Force.
4. International Sikh Youth Federation.
5. Lashkar-E-Taiba/Pasban-E-Ahle Hadis.
6. Jaish-E-Mohammed/Tahrik-E-Furqan.
7. Harkat-Ul-Mujahideen/Harkat-Ul-Ansar/Harkat-Ul-Jehad-E-Islami
8. Hizb-Ul-Mujahideen/Hizb-Ul-Mujahideen Pir Panjal Regiment.
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