THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967

What is the object and purpose of the Unlawful Activities (Prevention) Act, 1967?

To provide for the more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and matters connected therewith.

When was the Unlawful Activities (Prevention) Act, 1967 enacted?

The Unlawful Activities (Prevention) Act, 1967 was enacted on 30th December, 1967.

What is the Act number of the Unlawful Activities (Prevention) Act, 1967?

The Unlawful Activities (Prevention) Act, 1967 is Act No. 37 of 1967.

Which United Nations Security Council Resolution mandated States to take measures to combat international terrorism, forming the basis of amendments to the UAPA?

United Nations Security Council Resolution 1373 (2001) mandated States to take measures to combat international terrorism.

Under which Chapter of the United Nations Charter was Resolution 1373 (2001) adopted?

Resolution 1373 (2001) was adopted under Chapter VII of the Charter of the United Nations.

Which United Nations Security Council Resolutions require States to act against listed terrorists and terrorist organisations?

Resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008).

What measures are States required to take against individuals or entities listed by the United Nations Security Council under the relevant resolutions?

States are required to freeze assets, prevent entry or transit, and prevent the supply, sale or transfer of arms and ammunition to listed individuals or entities.

Under which statutory power did the Central Government issue the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007?

The Central Government issued the Order under section 2 of the United Nations (Security Council) Act, 1947.

What is the purpose of the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007?

The Order was issued to implement United Nations Security Council resolutions relating to the prevention and suppression of terrorism.

Why was it considered necessary to amend and strengthen the UAPA in light of international obligations?

It was considered necessary to give effect to UN Security Council resolutions and to make special provisions for the prevention of and coping with terrorist activities.

In which year was the UAPA ACT enacted?

In the eighteenth year of republic of India

CHAPTER-I

PRELIMINARY

What does Section 1 of the Unlawful Activities (Prevention) Act, 1967 deal with?

Section 1 provides for the short title, extent and application of the Unlawful Activities (Prevention) Act, 1967.

What is the short title of the Act under Section 1(1) of the UAPA?

The Act is called the Unlawful Activities (Prevention) Act, 1967.

To what territorial extent does the UAPA apply under Section 1(2)?

The UAPA extends to the whole of India.

Who is liable to punishment under the UAPA for acts or omissions committed in India?

Every person is liable to punishment for every act or omission contrary to the Act of which he is held guilty in India.

How are offences committed outside India dealt with under Section 1(4) of the UAPA?

Offences committed outside India punishable under the Act are dealt with as if they were committed in India.

Does the UAPA apply to Indian citizens outside India?

Yes, the provisions of the UAPA apply to citizens of India outside India.

Does the UAPA apply to persons in the service of the Government?

Yes, the UAPA applies to persons in the service of the Government wherever they may be.

Does the UAPA apply to persons on ships or aircrafts registered in India?

Yes, the UAPA applies to persons on ships and aircrafts registered in India wherever they may be.

What does section 2 deals with?

Definitions

What is “association” under Section 2(1)(a)?

“Association” means any combination or body of individuals.

What does “cession of a part of the territory of India” mean under Section 2(1)(b)?

It includes admission of the claim of any foreign country to any part of the territory of India.

What is meant by “Code” under Section 2(1)(c)?

“Code” means the Code of Criminal Procedure, 1973.

What is a “court” under Section 2(1)(d)?

It means a criminal court having jurisdiction under the Code to try offences under this Act and includes a Special Court constituted under Section 11 or Section 22 of the NIA Act, 2008.

Who is a “Designated Authority” under Section 2(1)(e)?

It means an officer of the Central Government not below the rank of Joint Secretary or of the State Government not below the rank of Secretary, notified in the Official Gazette.

What does “economic security” include under Section 2(1)(ea)?

It includes financial, monetary and fiscal stability, security of production and distribution, food, livelihood, energy, ecological and environmental security.

What is an “Order” under Section 2(1)(eb)?

It means the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007, as amended from time to time.

Who is a “person” under Section 2(1)(ec)?

It includes an individual, company, firm, organisation, association of persons, body of individuals, artificial juridical person, and any agency, office or branch owned or controlled by such persons.

What does “prescribed” mean under Section 2(1)(f)?

It means prescribed by rules made under this Act.

What are “proceeds of terrorism” under Section 2(1)(g)?

It means property derived or obtained from terrorist acts or traceable to such acts, or property used or intended to be used for terrorism.

What is meant by “property” under Section 2(1)(h)?

It means assets of every description, movable or immovable, tangible or intangible, including legal documents and electronic or digital instruments evidencing title or interest.

What is “Schedule” under Section 2(1)(ha)?

“Schedule” means the Schedule to this Act.

What does “secession of a part of the territory of India from the Union” mean under Section 2(1)(i)?

It includes the assertion of any claim to determine whether such part will remain a part of the territory of India.

What is meant by “State Government” under Section 2(1)(j)?

In relation to a Union Territory, it means the Administrator thereof.

What is a “terrorist act” under Section 2(1)(k)?

It has the meaning assigned to it under Section 15, and the expressions “terrorism” and “terrorist” are construed accordingly.

What is a “terrorist gang” under Section 2(1)(l)?

It means any association, other than a terrorist organisation, whether systematic or otherwise, concerned with or involved in terrorist acts.

What is a “terrorist organisation” under Section 2(1)(m)?

It means an organisation listed in the First Schedule or operating under the same name as such listed organisation.

What is a “Tribunal” under Section 2(1)(n)?

It means the Tribunal constituted under Section 5.

What is “unlawful activity” under Section 2(1)(o)?

It means any action by an individual or association intended or supporting cession or secession of Indian territory, disrupting sovereignty or territorial integrity, or causing disaffection against India.

What is an “unlawful association” under Section 2(1)(p)?

It means an association having unlawful activity as its object or encouraging such activity, or engaging in activities punishable under Sections 153A or 153B IPC, except in Jammu and Kashmir.

How are undefined words interpreted under Section 2(1)(q)?

Words and expressions not defined in this Act but defined in the Code have the meanings assigned to them in the Code.

How are references to enactments construed under Section 2(2)?

References to enactments not in force in an area are construed as references to the corresponding law in force in that area.

CHAPTER-II

UNLAWFUL ASSOCIATIONS

What does Section 3 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 3 provides for the declaration of an association as an unlawful association by the Central Government.

Who is empowered to declare an association as unlawful under Section 3(1) of the UAPA?

The Central Government is empowered to declare an association as unlawful.

How can the Central Government declare an association unlawful under the UAPA?

The Central Government may declare an association unlawful by notification in the Official Gazette.

What must every notification declaring an association unlawful specify under Section 3(2)?

Every notification must specify the grounds on which it is issued and such other particulars as the Central Government considers necessary.

Is the Central Government required to disclose all facts while issuing a notification under Section 3(2)?

No, the Central Government is not required to disclose any fact whose disclosure it considers against public interest.

When does a notification declaring an association unlawful take effect under Section 3(3)?

The notification takes effect only after confirmation by the Tribunal under section 4 and publication of the order in the Official Gazette.

Can an association be declared unlawful with immediate effect under the UAPA?

Yes, if circumstances so require, the Central Government may direct the notification to take immediate effect for reasons recorded in writing.

From which date does an immediate-effect notification operate under Section 3(3)?

Such notification operates from the date of its publication in the Official Gazette, subject to orders under section 4.

What additional modes of publication are required for a notification under Section 3(4)?

The notification must be published in at least one daily newspaper having circulation in the concerned State and served on the association.

What is one mode of serving the notification on an association under Section 3(4)(a)?

By affixing a copy of the notification to a conspicuous part of the office of the association.

How else can a notification be served on an association under Section 3(4)(b)?

By serving a copy of the notification on the principal office-bearers of the association.

What public mode of service is provided under Section 3(4)(c)?

By proclaiming the contents of the notification by beat of drum or loudspeakers in the area of operation.

Can the notification be served in any other manner under the UAPA?

Yes, it may be served in such other manner as may be prescribed.

What does Section 4 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 4 provides for reference to the Tribunal for adjudication.

Within what time must the Central Government refer a notification issued under Section 3(1) to the Tribunal?

The Central Government must refer the notification to the Tribunal within thirty days from the date of its publication.

For what purpose is a reference made to the Tribunal under Section 4(1)?

The reference is made to adjudicate whether there is sufficient cause for declaring the association unlawful.

What is the first step taken by the Tribunal on receipt of a reference under Section 4(2)?

The Tribunal issues a written notice calling upon the affected association to show cause.

Within what time must the association show cause before the Tribunal?

The association must show cause within thirty days from the date of service of the notice.

What must the Tribunal do after considering the cause shown by the association?

The Tribunal shall hold an inquiry in the manner specified under section 9.

From whom can the Tribunal call for further information during the inquiry?

The Tribunal may call for information from the Central Government or from any office-bearer or member of the association.

Within what period must the Tribunal pass its order under Section 4(3)?

The Tribunal must pass its order as expeditiously as possible and in any case within six months from the date of the notification under section 3(1).

What orders can the Tribunal pass after inquiry under Section 4(3)?

The Tribunal may confirm the declaration of the association as unlawful or cancel the same.

Where is the Tribunal’s order under Section 4(3) required to be published?

The order of the Tribunal must be published in the Official Gazette.

What does Section 5 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 5 provides for the constitution, composition, powers and procedure of the Tribunal.

Who is empowered to constitute the Unlawful Activities (Prevention) Tribunal under Section 5(1)?

The Central Government is empowered to constitute the Tribunal by notification in the Official Gazette.

What is the composition of the Tribunal under Section 5(1)?

The Tribunal consists of one person appointed by the Central Government.

Who is eligible to be appointed as the presiding officer of the Tribunal?

Only a person who is a Judge of a High Court is eligible to be appointed.

How is a vacancy in the office of the presiding officer of the Tribunal filled?

The Central Government shall appoint another eligible person in accordance with Section 5 to fill the vacancy.

From which stage are proceedings continued after a vacancy is filled under Section 5(2)?

Proceedings may be continued from the stage at which the vacancy is filled.

Who provides staff to the Tribunal under the UAPA?

The Central Government provides such staff as may be necessary for the Tribunal.

From which fund are the expenses of the Tribunal defrayed?

All expenses of the Tribunal are defrayed out of the Consolidated Fund of India.

Does the Tribunal have the power to regulate its own procedure?

Yes, subject to section 9, the Tribunal may regulate its own procedure including the place of sittings.

What civil court powers does the Tribunal possess while making an inquiry under the UAPA?

The Tribunal has the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit.

What powers relating to witnesses does the Tribunal have under Section 5(6)?

The Tribunal may summon witnesses, enforce their attendance and examine them on oath.

What powers does the Tribunal have regarding documents and evidence?

The Tribunal may order discovery and production of documents, receive evidence on affidavits and requisition public records.

Can the Tribunal issue commissions for examination of witnesses?

Yes, the Tribunal has the power to issue commissions for the examination of witnesses.

How are proceedings before the Tribunal classified under the Indian Penal Code?

Proceedings before the Tribunal are deemed to be judicial proceedings under sections 193 and 228 of the IPC.

For which purposes is the Tribunal deemed to be a civil court?

The Tribunal is deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure.

What does Section 6 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 6 provides for the period of operation and cancellation of a notification.

For what period does a notification under Section 3 remain in force if confirmed by the Tribunal?

The notification remains in force for five years from the date on which it becomes effective.

From which date is the period of five years under Section 6(1) calculated?

The period is calculated from the date on which the notification becomes effective.

Can the Central Government cancel a notification under Section 3 before expiry of five years?

Yes, the Central Government may cancel the notification at any time.

On what basis can the Central Government cancel a notification under Section 6(2)?

The Central Government may cancel the notification either on its own motion or on the application of any person aggrieved.

Is Tribunal confirmation necessary for cancellation of a notification under Section 6(2)?

No, the notification may be cancelled whether or not the declaration has been confirmed by the Tribunal.

What does Section 7 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 7 provides for the power of the Central Government to prohibit the use of funds of an unlawful association.

When can the Central Government exercise power under Section 7(1) of the UAPA?

The power can be exercised when an association has been declared unlawful and the notification has become effective.

Against whom can an order under Section 7(1) be passed?

An order may be passed against any person having custody of moneys, securities or credits used or intended to be used for an unlawful association.

What inquiry must precede an order under Section 7(1)?

Such inquiry as the Central Government may think fit must be conducted.

What is the nature of the order that may be issued under Section 7(1)?

The Central Government may issue a written prohibitory order.

What acts are prohibited under an order issued under Section 7(1)?

Paying, delivering, transferring or otherwise dealing with the specified moneys, securities or credits is prohibited.

Does the prohibition extend to future funds coming into custody of the person?

Yes, it extends to any other moneys, securities or credits coming into custody after the order.

How can a person deal with prohibited funds under Section 7(1)?

Such funds may be dealt with only in accordance with written orders of the Central Government.

Who can be authorised to investigate under Section 7(2)?

Any gazetted officer of the Government authorised by the Central Government.

What powers does an investigating officer have under Section 7(2)?

The officer may enter premises, examine books, search for funds and make inquiries regarding their origin.

What is the legal status of a copy of the prohibitory order endorsed for investigation?

The endorsed copy operates as a warrant.

How is an order under Section 7 required to be served?

It is served in the manner provided in the Code for service of summons.

How is service effected when the person to be served is a company or association?

Service is effected on an officer concerned with management or by post or delivery at the registered or business office.

Who can challenge a prohibitory order issued under Section 7(1) of the UAPA?

Any person aggrieved by a prohibitory order may challenge it.

Within what time can an application be made against a prohibitory order under Section 7(4)?

The application must be made within fifteen days from the date of service of the order.

Before which authority can an aggrieved person apply under Section 7(4)?

The application may be made to the Court of the District Judge.

How is the jurisdiction of the District Judge determined under Section 7(4)?

Jurisdiction lies where the person resides, carries on business, or personally works for gain.

What must the applicant establish before the District Judge under Section 7(4)?

That the moneys, securities or credits are not being used or intended to be used for an unlawful association.

Who decides the validity of the prohibitory order under Section 7(4)?

The Court of the District Judge decides the question.

What restriction is placed on disclosure of information under Section 7(5)?

Information obtained during investigation shall not be divulged without the consent of the Central Government.

Who is bound by the confidentiality obligation under Section 7(5)?

Any gazetted officer of the Government conducting investigation is bound by the obligation.

How is the term “security” defined under Section 7(6) of the UAPA?

Security includes a document acknowledging legal liability to pay money or conferring a legal right to receive payment.

What does Section 8 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 8 provides for the power of the Central Government to notify places used for the purpose of an unlawful association.

When can the Central Government notify a place under Section 8(1) of the UAPA?

When an association has been declared unlawful and the notification has become effective.

How is a place notified under Section 8(1)?

By notification in the Official Gazette issued by the Central Government.

What does the term “place” include for the purposes of Section 8?

Place includes a house or building or part thereof, or a tent or vessel.

Who is responsible for preparing a list of movable properties in a notified place?

The District Magistrate or an officer authorised by him in writing.

In whose presence must the list of movable properties be prepared under Section 8(2)?

The list must be prepared in the presence of two respectable witnesses.

Which categories of items are excluded from the list of movable properties under Section 8(2)?

Wearing apparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain, food-stuffs and trivial articles.

What power does the District Magistrate have regarding listed articles under Section 8(3)?

The District Magistrate may prohibit the use of articles suspected to be used for unlawful association purposes.

How can prohibited articles be used under Section 8(3)?

They may be used only in accordance with the written orders of the District Magistrate.

What restriction can the District Magistrate impose under Section 8(4)?

He may prohibit entry into the notified place by persons who were not residents at the date of notification.

Is permission required to enter a notified place under Section 8(4)?

Yes, permission of the District Magistrate is required.

Who is exempted from the restriction on entry under Section 8(4)?

Near relatives of persons who were residents in the notified place at the date of notification.

What obligation is imposed on a person permitted to enter a notified place under Section 8(5)?

Such person must comply with orders regulating his conduct as issued by the District Magistrate.

Who is authorised to search persons entering or present in a notified place under Section 8(6)?

Any police officer not below the rank of Sub-Inspector or any person authorised by the Central Government.

For what purpose can a person be detained under Section 8(6)?

A person may be detained for the purpose of being searched.

What safeguard is provided regarding the search of females under Section 8(6)?

No female shall be searched except by a female.

What action can be taken against a person present in a notified place in contravention of Section 8(4)?

Such person may be removed from the notified place.

Does removal under Section 8(7) bar other proceedings against the person?

No, removal is without prejudice to any other proceedings.

Who can remove a person from a notified place under Section 8(7)?

Any officer or any person authorised by the Central Government.

Who can challenge a notification or order issued under Section 8?

Any person aggrieved by the notification or order.

Within what time can an application be made under Section 8(8)?

Within thirty days from the date of the notification or order.

Before which authority can an application under Section 8(8) be made?

The application may be made to the Court of the District Judge.

What relief can be sought under Section 8(8)(a)?

A declaration that the place has not been used for the purpose of the unlawful association.

What relief can be sought under Section 8(8)(b)?

Setting aside an order made under sub-section (3) or sub-section (4).

What procedure must the District Judge follow while deciding an application under Section 8(8)?

The Court must give the parties an opportunity of being heard and then decide the question.

What does Section 9 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 9 provides for the procedure to be followed in the disposal of applications under the Act.

Which procedural rules apply to inquiries by the Tribunal under Section 4(3) and applications under Sections 7(4) and 8(8)?

Subject to any rules made under the Act, the procedure laid down in the Code of Civil Procedure, 1908 is to be followed.

Is the decision of the Tribunal or the Court of the District Judge final under Section 9?

Yes, the decision of the Tribunal or the Court of the District Judge is final.

CHAPTER-III

OFFENCES AND PENALTIES

What does Section 10 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 10 provides for the penalty for being a member of an unlawful association etc.

Who is punishable under Section 10(a) of the UAPA?

A person who is a member of an unlawful association, takes part in its meetings, contributes to or solicits contributions, or assists its operations.

What is the maximum punishment under Section 10(a) for assisting or being a member of an unlawful association?

Imprisonment for a term which may extend to two years and also liable to fine.

Who is punishable under Section 10(b) of the UAPA?

A person who is a member of an unlawful association or voluntarily aids/promotes its objects and possesses unlicensed firearms, ammunition, explosives, or other destructive instruments and commits acts causing death, grievous injury, or significant property damage.

What is the punishment under Section 10(b)(i) if the act results in the death of any person?

Punishable with death or imprisonment for life and also liable to fine.

What is the punishment under Section 10(b)(ii) if the act does not result in death but causes other harm?

Imprisonment for a term not less than five years but may extend to life imprisonment, and also liable to fine.

What does Section 11 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 11 provides for the penalty for dealing with funds of an unlawful association.

Who is liable under Section 11 of the UAPA?

Any person on whom a prohibitory order under Section 7(1) has been served and who contravenes it by dealing with moneys, securities, or credits.

What is the punishment for contravening a prohibitory order under Section 11?

Imprisonment for a term which may extend to three years, or fine, or both.

Can the court impose an additional fine under Section 11?

Yes, the court may impose an additional fine to recover the amount of moneys or credits or the market value of securities involved in the contravention.

What does Section 12 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 12 provides for the penalty for contravention of an order made in respect of a notified place.

What is the punishment for using any article in contravention of a prohibitory order under Section 12(1)?

Imprisonment for a term which may extend to one year and also liable to fine.

What is the punishment for knowingly entering or attempting to enter a notified place in contravention of an order under Section 12(2)?

Imprisonment for a term which may extend to one year and also liable to fine.

What does Section 13 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 13 provides for the punishment for engaging in or assisting unlawful activities.

Who is punishable under Section 13(1) of the UAPA?

Whoever takes part in, commits, advocates, abets, advises, or incites the commission of any unlawful activity.

What is the punishment under Section 13(1) for committing or promoting unlawful activity?

Imprisonment for a term which may extend to seven years and also liable to fine.

Who is punishable under Section 13(2) of the UAPA?

Whoever assists any unlawful activity of an association declared unlawful under Section 3 after the notification has become effective.

What is the punishment under Section 13(2) for assisting an unlawful association?

Imprisonment for a term which may extend to five years, or with fine, or both.

Are treaties, agreements, or negotiations covered under Section 13?

No, this section does not apply to treaties, agreements, conventions, or negotiations carried out by authorised persons on behalf of the Government of India.

What does Section 14 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 14 provides that offences punishable under the Act shall be cognizable.

What is meant by an offence being cognizable under Section 14?

It means that the police can register a case and investigate the offence without prior permission from a magistrate.

Do the provisions of the Code of Criminal Procedure restrict the cognizability of UAPA offences?

No, notwithstanding the Code, offences under the UAPA are cognizable.

CHAPTER-IV

PUNISHMENT FOR TERRORIST ACTIVITIES

What does Section 15 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 15 defines the term "terrorist act" and specifies the acts which constitute a terrorist act.

Who commits a terrorist act under Section 15(1) of the UAPA?

Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India, or to strike terror in people or any section of people in India or any foreign country.

What means can be used to commit a terrorist act under Section 15(1)(a)?

By using bombs, dynamite, explosives, inflammable substances, firearms, lethal weapons, poisonous/noxious gases, chemicals, or other hazardous substances (biological, radioactive, nuclear, or otherwise), or by any other means likely to cause death, injury, property damage, or disruption of essential services.

What does Section 15(1)(a)(iii) include regarding monetary stability?

It includes acts that damage the monetary stability of India by producing, smuggling, or circulating high-quality counterfeit Indian currency, coin, or other material.

What kinds of property damage are included in Section 15(1)(a)(iv)?

Damage or destruction of property used or intended for the defence of India or in connection with purposes of the Government of India, State Governments, or their agencies.

What acts against public functionaries are considered terrorist acts under Section 15(1)(b)?

Overawing by criminal force, attempting to do so, causing death, or attempting to cause death of any public functionary.

What acts of kidnapping or detention constitute a terrorist act under Section 15(1)(c)?

Detaining, kidnapping, or abducting a person and threatening to kill or injure them to compel the Government of India, a State Government, a foreign government, or an international/inter-governmental organisation to act or refrain from acting.

Who is defined as a “public functionary” under Section 15?

Constitutional authorities or any other functionary notified by the Central Government in the Official Gazette.

What is “high-quality counterfeit Indian currency” under Section 15?

Currency declared counterfeit by an authorised forensic authority as imitating or compromising key security features specified in the Third Schedule.

Does a terrorist act include acts under international treaties?

Yes, Section 15(2) includes acts that constitute offences as defined in any of the treaties specified in the Second Schedule.

What does Section 16 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 16 provides for the punishment for committing a terrorist act.

What is the punishment under Section 16(1)(a) if a terrorist act results in the death of any person?

Punishable with death or imprisonment for life, and also liable to fine.

What is the punishment under Section 16(1)(b) if a terrorist act does not result in death?

Punishable with imprisonment for a term not less than five years but may extend to life, and also liable to fine.

16A. [Punishment for making demands of radioactive substances, nuclear devices, etc.] Omitted by the Unlawful Activities (Prevention) Amendment (Repealing and Amending) Act 2013 (3 of 2013), S.5 (w.e.f. 1-2-2013).

What does Section 17 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 17 provides for the punishment for raising funds for a terrorist act.

Who is punishable under Section 17 of the UAPA?

Whoever, in India or abroad, directly or indirectly raises, provides, or collects funds for a person, terrorist organisation, terrorist gang, or individual terrorist knowing that the funds are likely to be used to commit a terrorist act.

Does it matter whether the funds are actually used to commit a terrorist act?

No, punishment applies regardless of whether the funds were actually used.

What is the punishment under Section 17 for raising funds for terrorist acts?

Imprisonment for a term not less than five years but may extend to life imprisonment, and also liable to fine.

What acts are considered offences under Section 17 according to the explanation?

Participating, organising, or directing in raising or providing funds.

How is "raising funds" defined under Section 17?

It includes raising, collecting, or providing funds through production, smuggling, or circulation of high-quality counterfeit Indian currency.

Does Section 17 cover raising funds for purposes not covered under Section 15?

Yes, raising or providing funds for the benefit of a terrorist or terrorist group for other purposes also constitutes an offence.

What does Section 18 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 18 provides for the punishment for conspiracy, attempt, or facilitation of a terrorist act.

Who is punishable under Section 18 of the UAPA?

Whoever conspires, attempts, advocates, abets, advises, incites, or knowingly facilitates the commission of a terrorist act or any act preparatory to it.

What is the punishment under Section 18 for conspiracy or facilitation of a terrorist act?

Imprisonment for a term not less than five years but may extend to life, and also liable to fine.

What does Section 18A of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 18A provides for the punishment for organising terrorist camps.

Who is punishable under Section 18A of the UAPA?

Whoever organises or causes to be organised any camp or camps for imparting training in terrorism.

What is the punishment under Section 18A for organising terrorist camps?

Imprisonment for a term not less than five years but may extend to life, and also liable to fine.

What does Section 18B of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 18B provides for the punishment for recruiting persons for a terrorist act.

Who is punishable under Section 18B of the UAPA?

Whoever recruits or causes to be recruited any person or persons for the commission of a terrorist act.

What is the punishment under Section 18B for recruiting persons for terrorist acts?

Imprisonment for a term not less than five years but may extend to life, and also liable to fine.

What does Section 19 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 19 provides for the punishment for harbouring or concealing a terrorist.

Who is punishable under Section 19 of the UAPA?

Whoever voluntarily harbours, conceals, or attempts to harbour or conceal any person knowing that the person is a terrorist.

What is the punishment under Section 19 for harbouring a terrorist?

Imprisonment for a term not less than three years but may extend to life, and also liable to fine.

Are there any exceptions under Section 19 for harbouring a terrorist?

Yes, the section does not apply if the harbouring or concealment is by the spouse of the offender.

What does Section 20 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 20 provides for the punishment for being a member of a terrorist gang or organisation.

Who is punishable under Section 20 of the UAPA?

Any person who is a member of a terrorist gang or terrorist organisation involved in a terrorist act.

What is the punishment under Section 20 for being a member of a terrorist gang or organisation?

Imprisonment which may extend to life, and also liable to fine.

What does Section 21 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 21 provides for the punishment for holding proceeds of terrorism.

Who is punishable under Section 21 of the UAPA?

Whoever knowingly holds any property derived or obtained from a terrorist act or acquired through terrorist funds.

What is the punishment under Section 21 for holding proceeds of terrorism?

Imprisonment which may extend to life, and also liable to fine.

What does Section 22 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 22 provides for the punishment for threatening a witness.

Who is punishable under Section 22 of the UAPA?

Whoever threatens, wrongfully restrains or confines a witness or any person in whom the witness may be interested, or commits any unlawful act with intent to do so.

What is the punishment under Section 22 for threatening a witness?

Imprisonment which may extend to three years, and also liable to fine.

What does Section 22A of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 22A provides for offences committed by companies and liability of responsible persons.

Who is liable when a company commits an offence under the UAPA according to Section 22A(1)?

Every person in charge of and responsible to the company for its business, as well as the company itself, shall be deemed guilty.

Can a person be exempted from liability under Section 22A(1)?

Yes, if the person proves that the offence was committed without their knowledge or that they exercised reasonable care to prevent it.

Who else is liable under Section 22A(2) if an offence is committed by a company?

Any promoter, director, manager, secretary, or other officer if the offence was committed with their consent, connivance, or due to their neglect.

How is "company" defined under Section 22A?

Any body corporate, including a firm or other association of individuals.

How is "director" defined under Section 22A in relation to a firm?

A partner in the firm.

What does Section 22B of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 22B provides for offences committed by societies or trusts and liability of responsible persons.

Who is liable when a society or trust commits an offence under Section 22B(1)?

Every person in charge of and responsible to the society or trust for its conduct, as well as the society or trust itself.

Can a person be exempted from liability under Section 22B(1)?

Yes, if the person proves that the offence was committed without their knowledge or that they exercised reasonable care to prevent it.

Who else is liable under Section 22B(2) if an offence is committed by a society or trust?

Any promoter, director, manager, secretary, trustee, or other officer if the offence was committed with their connivance or due to their neglect.

How is “society” defined under Section 22B?

Any body corporate registered under the Societies Registration Act, 1860, or any other State Act governing the registration of societies.

How is “trust” defined under Section 22B?

Any body registered under the Indian Trusts Act, 1882, or any other State Act governing the registration of trusts.

How is “director” defined in relation to a society or trust under Section 22B?

A member of its governing board other than an ex officio member representing the interests of the Central or State Government or the appropriate statutory authority.

What does Section 22C of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 22C provides for the punishment for offences committed by companies, societies, or trusts.

Who is punishable under Section 22C of the UAPA?

Every person in charge of or responsible for the conduct of the business of a company, society, or trust at the time the offence was committed, including promoters or settlors.

What is the punishment under Section 22C for offences by companies, societies, or trusts?

Imprisonment for a term not less than seven years but may extend to life, and a fine not less than five crore rupees and may extend to ten crore rupees.

What does Section 23 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 23 provides for enhanced penalties.

Who is punishable under Section 23(1) of the UAPA?

Any person who, with intent to aid a terrorist, terrorist organisation, or terrorist gang, contravenes provisions of the Explosives Act, Explosive Substances Act, Inflammable Substances Act, Arms Act, or possesses unauthorised bombs, explosives, lethal weapons, chemical/biological warfare substances, or high-quality counterfeit currency.

What is the punishment under Section 23(1) for such contraventions?

Imprisonment for a term not less than five years but may extend to life, and also liable to fine.

Who is liable under Section 23(2) of the UAPA?

Any person who, with intent to aid a terrorist, attempts to contravene, abets, or does any act preparatory to contravention of the laws specified in Section 23(1).

What is the punishment under Section 23(2) for preparatory acts or abetment?

Deemed to have contravened Section 23(1), with imprisonment for ten years instead of life, and also liable to fine.

CHAPTER-V

FORFEITURE OF PROCEEDS OF TERRORISM [OR ANY PROPERTY INTENDED TO BE USED FOR TERRORISM]

What does Section 24 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 24 defines “proceeds of terrorism” to include any property intended to be used for terrorism.

What is included in the term “proceeds of terrorism” under Section 24?

Any property intended to be used for terrorism.

What does Section 24A of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 24A provides for the forfeiture of proceeds of terrorism.

Can any person hold or possess proceeds of terrorism under Section 24A(1)?

No, no person shall hold or be in possession of any proceeds of terrorism.

Who is liable for forfeiture of proceeds of terrorism under Section 24A(2)?

Proceeds of terrorism held by a terrorist, terrorist organisation, terrorist gang, or any other person, whether prosecuted or convicted, are liable for forfeiture to the Central or State Government.

What powers does the court have under Section 24A(3)?

The court may direct attachment or forfeiture of property equivalent to, or the value of, the proceeds of terrorism involved in the offence.

What does Section 25 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 25 provides for the powers of investigating officers and the Designated Authority regarding proceeds of terrorism and appeals against their orders.

When can an investigating officer seize or attach property under Section 25(1)?

When the officer has reason to believe that the property represents proceeds of terrorism, with prior written approval from the Director General of Police or Director General of NIA.

What happens if the property cannot be seized under Section 25(1)?

The officer may issue an attachment order directing that the property shall not be transferred or dealt with except with prior permission.

How must the investigating officer inform the Designated Authority under Section 25(2)?

The officer must inform the Designated Authority within forty-eight hours of seizure or attachment.

What powers does the Designated Authority have under Section 25(3)?

The Designated Authority shall confirm or revoke the order of seizure or attachment within sixty days, after giving the person an opportunity to make a representation.

How is immovable property deemed produced before the Designated Authority under Section 25(4)?

When the investigating officer notifies his report and places it at the disposal of the Designated Authority.

When can an investigating officer seize cash under Section 25(5) of the UAPA?

If the officer has reasonable grounds to suspect that the cash is intended for terrorism or forms part of the resources of a terrorist organisation.

What is the time limit for releasing cash seized under Section 25(5)?

The cash must be released within forty-eight hours of seizure unless the matter is before the Designated Authority and it allows retention beyond forty-eight hours.

How is “cash” defined under Section 25(5)?

Coins or notes, postal orders, traveller’s cheques, credit/debit cards or similar cards, banker’s drafts, and other monetary instruments specified by the Central or State Government.

Who can appeal against an order of the Designated Authority under Section 25(6)?

Any person aggrieved by the order of the Designated Authority.

What powers does the court have on appeal under Section 25(6)?

The court may confirm or revoke the order of attachment or seizure and release the property.

What does Section 26 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 26 provides for the court to order forfeiture of proceeds of terrorism.

When can a court order forfeiture of property under Section 26?

When the property is seized or attached as proceeds of terrorism and the court confirms the order under Section 25(6).

Does the person from whose possession the property is seized need to be prosecuted for forfeiture under Section 26?

No, forfeiture can be ordered whether or not the person is prosecuted under Chapter IV or Chapter VI.

What does Section 27 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 27 provides for the issue of a show cause notice before forfeiture of proceeds of terrorism.

When can a forfeiture order under Section 26 be made according to Section 27(1)?

Only after giving the person in possession of the proceeds of terrorism a written notice explaining the grounds for forfeiture and an opportunity to make a representation and be heard.

Can a bona fide transferee be protected from forfeiture under Section 27(2)?

Yes, if the person acquired the proceeds for value without knowing they represent proceeds of terrorism, no forfeiture shall be made.

What powers does the court have regarding seized or attached property under Section 27(3)?

(a) Direct it to be sold if perishable, applying provisions of section 459 of the Code to the net proceeds; (b) nominate an officer of the Central or State Government as Administrator for other property under specified conditions.

What does Section 28 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 28 provides for the right of appeal.

Who can file an appeal under Section 28(1) and within what time frame?

Any person aggrieved by a forfeiture order under Section 26 may appeal to the High Court within one month from receipt of the order.

What happens if the High Court modifies or annuls the forfeiture order under Section 28(2)?

The property shall be returned to the person or, if return is not possible, the person shall be paid the price of the property with reasonable interest from the date of seizure.

What does Section 29 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 29 states that an order of forfeiture shall not prevent the imposition of any other punishment under Chapter IV or Chapter VI.

Does a forfeiture order under Section 29 affect other punishments?

No, the person affected can still be subjected to other punishments under the Act.

What does Section 30 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 30 deals with claims by third parties regarding seizure or attachment of property under Section 25.

Who investigates a third-party claim or objection under Section 30(1)?

The Designated Authority before whom the property is produced investigates the claim or objection.

When can a third-party claim or objection be ignored under Section 30(1)?

If the Designated Authority considers that the claim or objection is intended to cause unnecessary delay.

What happens if a third-party claimant successfully establishes that the property is not liable for forfeiture under Section 30(2)?

The notice issued under Section 27 shall be withdrawn or modified accordingly.

What does Section 31 of the Unlawful Activities (Prevention) Act, 1967 provide for?

Section 31 grants the Designated Authority all the powers of a civil court to conduct a full and fair inquiry under this Chapter.

What does section 32 deals with?

Certain transfers to be null and void

What does Section 32 of the Unlawful Activities (Prevention) Act, 1967 state regarding transfers of property after a Section 25 order or Section 27 notice?

Section 32 provides that any property transferred after the issue of a Section 25 order or Section 27 notice shall be ignored for the purposes of proceedings under this Chapter, and if such property is subsequently forfeited, the transfer shall be deemed null and void.

What does Section 33 provide for?

Section 33 provides for the forfeiture of property of certain persons accused or convicted of offences under Chapter IV or Chapter VI.

What power does Section 33(1) give the court regarding the property of an accused during trial?

The court can attach all or any movable or immovable property of a person accused of an offence under Chapter IV or VI during the trial, if not already attached under this Chapter.

What power does Section 33(2) give the court regarding property after conviction?

The court may declare in writing that any property, movable or immovable, belonging to the convicted person shall stand forfeited to the Central or State Government, free from all encumbrances.

How does Section 33(3) deal with offences involving high-quality counterfeit Indian currency?

The court may attach or forfeit property equivalent to the value of the high-quality counterfeit currency involved in the offence, including the face value of currency not defined as high-quality but seized along with it.

What power does Section 33(4) give the court concerning proceeds of terrorism?

The court may attach or forfeit property equivalent to, or the value of, the proceeds of terrorism involved in the offence.

How does Section 33(5) handle cases where trial cannot be concluded due to death or absconding of the accused?

The court may confiscate all or any property of the accused, movable or immovable, on the basis of material evidence produced before the court.

What does Section 34 provide for?

Section 34 provides for the transfer of forfeited shares in a company to the Central or State Government.

What must a company do when a share is forfeited to the Government?

Upon receipt of the court’s order, the company must register the Central Government or State Government as the transferee of the forfeited share.

Does anything in the Companies Act, 1956 or the company’s articles of association prevent this transfer?

No, the company must transfer the share notwithstanding anything contained in the Companies Act, 1956, or its articles of association.

CHAPTER-VI

TERRORIST ORGANISATIONS AND INDIVIDUALS

What does Section 35 provide for?

Section 35 provides amendment of the Schedules, etc.

What powers does the Central Government have under sub-section (1)?

The Central Government may, by notification in the Official Gazette: (a) add an organisation to the First Schedule or an individual to the Fourth Schedule;

(b) add an organisation identified as a terrorist organisation by the UN Security Council under Chapter VII, or an individual, to combat international terrorism;

(c) remove an organisation from the First Schedule or an individual from the Fourth Schedule;

(d) amend the First or Fourth Schedule in any other way.

When can the Central Government add an organisation or individual under clause (a) of sub-section (1)?

Only if it believes that the organisation or individual is involved in terrorism.

How is an organisation or individual deemed to be involved in terrorism?

An organisation or individual is deemed involved in terrorism if it or they: (a) commits or participates in acts of terrorism; (b) prepares for terrorism;

(c) promotes or encourages terrorism;

(d) is otherwise involved in terrorism.

Can the Central Government amend the Second or Third Schedule? 

Yes, by notification in the Official Gazette, the Central Government may add to, remove, or amend the Second or Third Schedule, and such amendment is deemed effective accordingly.

What must be done after issuing any notification under sub-section (1) or (4)?

Every such notification must, as soon as may be, be laid before Parliament.

What does Section 36 provides for?

Denotification of terrorist organisation or individual- This section provides the procedure for applying to remove an organisation from the First Schedule or an individual from the Fourth Schedule under UAPA.

Under subsection (1) of Section 36, who can an application be made to for denotification of a terrorist organisation or individual?

An application may be made to the Central Government for exercise of its power under clause (c) of sub-section (1) of Section 35 to remove an organisation from the First Schedule or an individual from the Fourth Schedule.

Under subsection (2)(a) of Section 36, who may apply for denotification on behalf of an organisation?

The organisation itself may make an application for removal from the First Schedule.

Under subsection (2)(b) of Section 36, who else may apply for denotification of an organisation?

Any person affected by the inclusion of the organisation in the First Schedule as a terrorist organisation.

Under subsection (2)(c) of Section 36, who may apply for denotification of an individual?

Any person affected by inclusion of his name in the Fourth Schedule as a terrorist.

Under subsection (3) of Section 36, who prescribes the procedure for admission and disposal of applications under this section?

The Central Government may prescribe the procedure for admission and disposal of an application made under this section.

Under subsection (4) of Section 36, what recourse does an applicant have if their application is rejected?

The applicant may apply for a review to the Review Committee constituted under sub-section (1) of Section 37 within one month from receipt of the rejection order.

Under subsection (5) of Section 36, on what grounds can the Review Committee allow a review?

The Review Committee may allow a review if it considers that the decision to reject the application was flawed in light of principles applicable on an application for judicial review.

Under subsection (6) of Section 36, what power does the Review Committee have when it allows a review?

It may make an order effecting the review in respect of an organisation or individual.

Under subsection (7) of Section 36, what must the Central Government do once it receives the certified order from the Review Committee?

It shall make an order removing the organisation from the First Schedule or the name of the individual from the Fourth Schedule as soon as the certified copy of the order is received.

What does Section 37 provide for?

Section 37 provides for the Review Committees.

Who constitutes the Review Committees?

The Central Government shall constitute one or more Review Committees.

What is the composition of each Review Committee?

Each Committee shall consist of a Chairperson and such other members, not exceeding three, possessing qualifications as may be prescribed.

Who can be appointed as the Chairperson of a Review Committee?

The Chairperson shall be a person who is, or has been, a Judge of a High Court.

How is the Chairperson appointed?

The Chairperson is appointed by the Central Government, and in the case of appointing a sitting Judge, the concurrence of the Chief Justice of the concerned High Court must be obtained.

What does Section 38 provide for?

Section 38 provides for the offence relating to membership of a terrorist organisation.

Who commits an offence under this section?

A person who associates himself, or professes to be associated, with a terrorist organisation with the intention to further its activities commits an offence.

Are there any exceptions to this offence?

Yes, this offence does not apply if the person proves that the organisation was not declared a terrorist organisation at the time he became a member or professed to be a member, and that he has not taken part in its activities during its inclusion in the First Schedule as a terrorist organisation.

What is the punishment for committing this offence?

The person shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.

What does Section 39 of the Act provide for?

Section 39 provides for offences relating to support given to a terrorist organisation.

What acts constitute the offence under Section 39(1)(a)?

A person commits the offence if, with intent to further the activity of a terrorist organisation, they invite support for the organisation that is not limited to money or property within the meaning of Section 40.

What acts constitute the offence under Section 39(1)(b)?

A person commits the offence if, with intent to further the activity of a terrorist organisation, they arrange, manage, or assist in arranging or managing a meeting which they know is to support the terrorist organisation, to further its activity, or to be addressed by someone associated with the organisation.

What acts constitute the offence under Section 39(1)(c)?

A person commits the offence if, with intent to further the activity of a terrorist organisation, they address a meeting for the purpose of encouraging support for the organisation or to further its activity.

What is the punishment for the offence under Section 39(2)?

A person who commits the offence under Section 39(1) shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.

What does Section 40 of the Act provide for?

Section 40 provides for the offence of raising funds for a terrorist organisation.

What acts constitute the offence under Section 40(1)(a)?

A person commits the offence if, with intent to further the activity of a terrorist organisation, they invite another person to provide money or property, intending it to be used, or having reasonable cause to suspect it might be used, for terrorism.

What acts constitute the offence under Section 40(1)(b)?

A person commits the offence if, with intent to further the activity of a terrorist organisation, they receive money or property, intending it to be used, or having reasonable cause to suspect it might be used, for terrorism.

What acts constitute the offence under Section 40(1)(c)?

A person commits the offence if, with intent to further the activity of a terrorist organisation, they provide money or property, knowing, or having reasonable cause to suspect, that it would or might be used for terrorism.

How does the Explanation in Section 40(1) define providing money or property?

Providing money or property includes giving, lending, or otherwise making it available, whether or not for consideration, or raising, collecting, or providing funds through production, smuggling, or circulation of high quality counterfeit Indian currency.

What is the punishment under Section 40(2)?

A person who commits the offence under Section 40(1) shall be punishable with imprisonment for a term not exceeding fourteen years, or with fine, or with both.

CHAPTER-VII

MISCELLANEOUS

What does Section 41 of the Act provide for?

Section 41 provides for the continuance of an association.

When is an association deemed to continue under Section 41?

An association is deemed to continue so long as any actual combination for the purposes of such association continues between any of its members.

What does Section 42 of the Act provide for?

Section 42 provides for the power of delegation, allowing the Central Government to direct, by notification, that all or any of its powers under section 7 or section 8, or both, may also be exercised by a State Government.

How can the State Government further delegate powers under Section 42?

The State Government, with prior approval of the Central Government, may direct in writing that any power assigned to it be exercised by any person subordinate to the State Government, under the circumstances and conditions specified in the direction.

What does Section 43 of the Act provide for?

Section 43 specifies the officers competent to investigate offences under Chapters IV and VI, setting minimum ranks for police officers in different jurisdictions

Which officers can investigate offences under Chapter IV and VI in Delhi?

In Delhi, under the Delhi Special Police Establishment, only police officers of the rank of Deputy Superintendent of Police or equivalent and above can investigate such offences

Which officers can investigate offences under Chapter IV and VI in metropolitan areas like Mumbai, Kolkata, Chennai, and Ahmedabad?

In these metropolitan areas, only police officers of the rank of Assistant Commissioner of Police or above can investigate such offences

Which officers can investigate offences under Chapter IV and VI elsewhere in India?

In areas not covered by the specific clauses, only police officers of the rank of Deputy Superintendent of Police or equivalent and above can investigate such offences

Which officers can investigate offences under Chapter IV and VI for the National Investigation Agency?

For the NIA, only officers of the rank of Inspector or above are competent to investigate such offences

What does Section 43A of the Act provide for?

Section 43A grants power to officers of the Designated Authority to arrest, search etc.

Who can exercise the powers under Section 43A?

Any officer of the Designated Authority empowered by general or special order of the Central Government or the State Government

On what basis can an officer exercise powers under Section 43A?

Powers can be exercised if the officer knows of a design to commit an offence, has personal knowledge, receives written information from a person, or identifies documents, articles, or illegally acquired property that may furnish evidence

Can the officer authorize others under Section 43A?

Yes, the officer may authorize any subordinate officer to arrest a person or search a building, conveyance, or place

Can searches and arrests be conducted at night under Section 43A?

Yes, the officer or authorized subordinate may conduct searches or arrests either by day or by night

What does Section 43B deal with?

Procedure of Arrest, Seizure, etc. - This section prescribes the procedure to be followed during arrest and seizure under Section 43A of UAPA.

Who must be informed of the grounds for arrest under Section 43A?

The officer arresting a person under Section 43A must inform him of the grounds for such arrest as soon as may be.

What should be done with a person arrested and articles seized under Section 43A?

They must be forwarded without unnecessary delay to the officer-in-charge of the nearest police station.

Who takes further action once a person or article is forwarded to the police station?

The officer or authority to whom the person or article is forwarded shall, with all convenient dispatch, take necessary measures in accordance with the Code of Criminal Procedure.

What is the purpose of forwarding arrested persons and seized articles promptly?

To ensure timely and lawful processing in compliance with the provisions of the Code of Criminal Procedure.

What does Section 43C deals with?

It deals with the Application of provisions of Code. The provisions of the Code of Criminal Procedure apply to all arrests, searches, and seizures under this Act, insofar as they are not inconsistent with UAPA.

When do the provisions of the Code of Criminal Procedure apply under UAPA?

They apply to all arrests, searches, and seizures made under UAPA, unless inconsistent with its provisions.

Why is it important to apply the Code of Criminal Procedure to UAPA actions?

To ensure that arrests, searches, and seizures follow procedural safeguards provided under the Code while complying with UAPA.

What does Section 43D deals with?

This section deals with the modified application of certain provisions of the Code. This section modifies the application of certain provisions of the Code of Criminal Procedure to offences under UAPA, including cognizability, investigation periods, and bail conditions.

How is every offence under UAPA treated under the Code of Criminal Procedure?

Every offence punishable under UAPA is deemed to be a cognizable offence, and “cognizable case” is construed accordingly.

How is Section 167 of the Code modified for UAPA investigations?

The periods in sub-section (2) of Section 167 are modified to thirty, ninety, and ninety days instead of fifteen, ninety, and sixty days, with possible extension up to 180 days on court satisfaction.

What is required if police custody is requested from judicial custody under UAPA?

An affidavit must be filed explaining the reasons for police custody and any delay in requesting it.

How is Section 268 of the Code modified under UAPA?

References to “State Government” are read as “Central Government or the State Government” for purposes of this section.

Does Section 438 of the Code (anticipatory bail) apply to UAPA offences?

No, Section 438 does not apply to any case involving arrest for an offence under UAPA.

Under what conditions can an accused under Chapters IV and VI of UAPA be released on bail?

They cannot be released unless the Public Prosecutor has been heard, and the Court finds no prima facie grounds of the accusation.

Are the bail restrictions under UAPA in addition to existing law?

Yes, the restrictions in sub-section (5) are in addition to any restrictions under the Code or other laws.

Can a non-Indian citizen accused under UAPA obtain bail?

No, except in very exceptional circumstances, with reasons recorded in writing, a non-Indian citizen who entered India illegally cannot be granted bail.

What does section 48E deals with?

The section deals with the Presumption as to offence under Section 15. This section provides that in certain circumstances, the Court shall presume the accused committed an offence under Section 15 unless the contrary is shown.

Under Section 43E(a), what presumption does the Court make regarding the accused if arms, explosives, or other substances specified under Section 15 are recovered from their possession?

The Court shall presume, unless the contrary is shown, that the accused has committed the offence if there is reason to believe such arms, explosives, or similar substances were used in the commission of the offence.

Under Section 43E(b), what presumption does the Court make regarding the accused if expert evidence links them to the crime scene?

If expert evidence such as fingerprints or other definitive proof connects the accused to the site of the offence, arms, or vehicles used, the Court shall presume, unless the contrary is shown, that the accused committed the offence.

What does Section 43F deals with?

This section deals with the Obligation to furnish information. This section empowers investigating officers under UAPA to require relevant information from individuals or institutions and prescribes penalties for non-compliance or false information.

Under subsection (1) of Section 43F, who can an investigating officer require to furnish information?

With prior written approval from an officer not below the rank of Superintendent of Police, the investigating officer may require any officer or authority of the Central or State Government, local authority, bank, company, firm, institution, organisation, or individual to furnish information relevant to the offence.

Under subsection (1) of Section 43F, what is the condition for requiring information under this section?

The investigating officer must have reason to believe that the information will be useful for, or relevant to, the purposes of this Act.

Under subsection (2) of Section 43F, what is the punishment for failing to furnish information or deliberately furnishing false information?

Imprisonment for a term which may extend to three years, or with fine, or with both.

Under subsection (3) of Section 43F, how is an offence under subsection (2) of Section 43F to be tried?

It shall be tried as a summary case, applying the procedure prescribed in Chapter XXI of the Code of Criminal Procedure, except subsection (2) of Section 262.

What does Section 44 deals with?

It deal with the protection of witnesses. This section provides for the protection of witnesses in proceedings under UAPA, including in-camera proceedings, secrecy of identity, and penalties for violations.

Under subsection (1) of Section 44, when can proceedings under UAPA be held in camera?

Proceedings may be held in camera for reasons recorded in writing if the court so desires, notwithstanding anything contained in the Code.

Under subsection (2) of Section 44, when can the court take measures to keep the identity and address of a witness secret?

If on application by a witness, the Public Prosecutor, or on its own motion, the court is satisfied that the life of the witness is in danger, it may take measures to keep their identity and address secret, with reasons recorded in writing.

Under subsection (3) of Section 44, what specific measures can the court take to protect a witness?

Measures may include holding proceedings at a court-decided place, avoiding mention of the witness's name and address in orders, judgments, or records accessible to the public, issuing directions to prevent disclosure of identity or address, or ordering that all or any proceedings not be published in the public interest.

Under subsection (4) of Section 44, what is the punishment for contravening directions issued to protect a witness?

Any person who contravenes such directions shall be punishable with imprisonment up to three years and shall also be liable to fine

What does Section 45 deals with?

The section deals with the cognizance of offences. This section prescribes the requirement of prior sanction from the Central or State Government before courts can take cognizance of offences under UAPA.

Under subsection (1)(i) of Section 45, when can a court take cognizance of an offence under Chapter III?

Only with the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf.

Under subsection (1)(ii) of Section 45, when can a court take cognizance of an offence under Chapters IV and VI?

Only with the previous sanction of the Central Government or, as the case may be, the State Government; and if the offence is committed against the government of a foreign country, only with the previous sanction of the Central Government.

Under subsection (2) of Section 45, how is sanction for prosecution under subsection (1) to be granted?

Sanction shall be given within the prescribed time only after considering the report of an authority appointed by the Central or State Government, which independently reviews the evidence gathered during investigation and makes a recommendation.

What does Section 46 deals with?

It deals with the admissibility of evidence collected through the interception of communications. This section makes evidence obtained through interception of wire, electronic, or oral communications admissible under UAPA, subject to procedural safeguards.

Under Section 46 of UAPA, when is evidence collected through the interception of communications admissible?

Evidence collected under the Indian Telegraph Act, 1885, the Information Technology Act, 2000, or any other law through interception of wire, electronic, or oral communications is admissible against the accused during trial, notwithstanding anything in the Indian Evidence Act, 1872 or any other law.

Under Section 46 of UAPA, what is the requirement before intercepted evidence can be used in trial?

Each accused must be furnished with a copy of the order of the competent authority under which the interception was directed, at least ten days before trial, hearing, or proceeding.

Under Section 46 of UAPA, can the ten-day notice requirement for furnishing the interception order be waived?

Yes, the judge may waive the ten-day period if it was not possible to furnish the order earlier, provided the accused is not prejudiced by the delay.

What does Section 47 deals with?

It deals with the Bar of jurisdiction. This section bars civil courts from questioning proceedings or actions taken under UAPA, subject to specific exceptions.

Under subsection (1) of Section 47, can any civil court question proceedings taken under UAPA by the Central Government, District Magistrate, or authorised officers?

No, no proceeding under this Act by the Central Government, District Magistrate, or authorised officers shall be called in question in any civil court, and no injunction shall be granted against any action taken under this Act, except as expressly provided in the Act.

Under subsection (2) of Section 47, can a civil court exercise jurisdiction over matters referred to in Section 36 of UAPA?

No, notwithstanding subsection (1), no civil court or other authority shall have jurisdiction, powers, or authority in relation to the matters referred to in Section 36.

What does Section 48 deals with?

It deals with effect of Act and rules, etc., inconsistent with other enactments. This section establishes the overriding effect of UAPA and its rules over any other inconsistent enactments or instruments.

Under Section 48 of UAPA, what is the effect of this Act and its rules when inconsistent with other laws?

The provisions of UAPA, or any rule or order made under it, shall prevail notwithstanding anything inconsistent contained in any enactment other than this Act or any instrument having effect by virtue of any such enactment.

What does section 49 deals with?

It deals with the protection of action taken in good faith. This section provides immunity from legal proceedings for certain actions taken in good faith under UAPA.

Under subsection (a) of Section 49, who is protected from suits or prosecutions for actions taken in good faith under UAPA?

The Central Government, State Government, any officer or authority thereof, District Magistrate, or any officer authorised by the Government or District Magistrate, and any other authority on whom powers are conferred under this Act are protected from legal proceedings for actions done or purported to be done in good faith under UAPA or its rules/orders.

Under subsection (b) of Section 49, who among armed or paramilitary forces is protected under this section?

Any serving or retired member of the armed forces or paramilitary forces is protected from legal proceedings for actions taken or purported to be taken in good faith during operations directed towards combating terrorism.

What does Section 50 deals with?

It deals with the Savings-This section clarifies that UAPA does not affect the jurisdiction or procedure of armed forces courts.

Under Section 50 of UAPA, does this Act affect the jurisdiction or procedure of courts relating to the armed forces?

No, nothing in this Act affects the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the Navy, Army, Air Force, or other armed forces of the Union.

What does Section 51A deals with?

It deals with certain powers of the Central Government- This section empowers the Central Government to take preventive and protective measures against terrorism, including controlling funds and movement of persons.

Under subsection (a) of Section 51A, what financial powers does the Central Government have to prevent terrorism?

The Central Government may freeze, seize, or attach funds, financial assets, or economic resources held by, on behalf of, or at the direction of individuals or entities listed in the Schedule, or any other person engaged in or suspected to be engaged in terrorism.

Under subsection (b) of Section 51A, how can the Central Government restrict funding for terrorist activities?

The Central Government may prohibit any individual or entity from making funds, financial assets, economic resources, or related services available for the benefit of individuals or entities listed in the Schedule, or any other person engaged in or suspected to be engaged in terrorism.

Under subsection (c) of Section 51A, what powers does the Central Government have regarding the movement of certain individuals?

The Central Government may prevent the entry into or transit through India of individuals listed in the Schedule, or any other person engaged in or suspected to be engaged in terrorism.

What does Section 52 deals with?

It deals with the Power to make rules -This section empowers the Central Government to make rules for carrying out the provisions of UAPA and specifies the matters these rules may cover.

Under subsection (1) of Section 52, who has the power to make rules under UAPA?

The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

Under subsection (2)(a) of Section 52, what rules may be made regarding service of notices or orders?

Rules may provide for the service of notices or orders issued under UAPA and the manner of service where the person to be served is a corporation, company, bank, or other association.

Under subsection (2)(b) of Section 52, what rules may be made regarding the procedure of the Tribunal or District Judge?

Rules may specify the procedure to be followed by the Tribunal or a District Judge in holding any inquiry or disposing of any application under UAPA.

Under subsection (2)(c) of Section 52, what rules may be made regarding the price of forfeited property?

Rules may provide for the determination of the price of forfeited property under sub-section (2) of Section 28.

Under subsection (2)(d) of Section 52, what rules may be made regarding applications under Section 36?

Rules may prescribe the procedure for admission and disposal of an application under sub-section (3) of Section 36.

Under subsection (2)(e) of Section 52, what rules may be made regarding the Review Committee under Section 37?

Rules may prescribe the qualifications of the members of the Review Committee under sub-section (2) of Section 37.

Under subsection (2)(ee) of Section 52, what rules may be made regarding sanction for prosecution under Section 45?

Rules may prescribe the time within which sanction for prosecution and recommendation to the Central Government shall be given under sub-section (2) of Section 45.

Under subsection (2)(f) of Section 52, what other matters can the Central Government make rules about?

The Central Government may make rules regarding any other matter which is required to be, or may be, prescribed under this Act.

What does section 53 deals with?

It deals with orders and rules to be laid before both Houses of Parliament- This section requires all orders and rules made under UAPA to be laid before Parliament for scrutiny and possible modification or annulment.

Under subsection (1) of Section 53, what is the procedure for laying orders and rules made under UAPA before Parliament?

Every order and rule made by the Central Government under this Act shall be laid before each House of Parliament while in session for a total period of thirty days, which may be in one or more successive sessions.

Under subsection (1) of Section 53, what happens if both Houses of Parliament agree to modify or annul an order or rule?

If both Houses agree to modify or annul an order or rule before the expiry of the next session following the laying, the order or rule shall have effect only in the modified form or be of no effect, without affecting the validity of anything previously done under that order or rule.

Under subsection (2) of Section 53, how are Orders referred to in entry 33 of the Schedule treated?

Such Orders and every amendment made to them shall be laid before each House of Parliament while in session for a total period of thirty days, which may be in one session or in two or more successive sessions.