Unlawful Activities (Prevention) Act (UAPA)

Aim- To prevent and punish unlawful and terrorist activities that threaten the sovereignty and integrity of the country.
Definition- The Act defines unlawful activities as any action that
- supports, propagates, or advocates secession from India,
- disclaims or questions the territorial integrity of India,
- causes or intends to cause disaffection against India,
- supports any terrorist organization or individual.
Declaration of unlawful associations- The Act empowers the Central government to declare any organisation or individual as unlawful.
Tribunal- The declaration is subject to judicial review by a tribunal constituted by a sitting or retired judge of a High Court.
Punishment-
- Unlawful activity- Imprisonment ranging from 5 years to life, and fine.
- Terrorist activity- Death penalty or imprisonment for life, and fine
National Investigation Agency (NIA)- It is authorized to investigate any offence under the Act, and to arrest any person who is reasonably suspected of having committed such offence.
It also provides for the attachment and forfeiture of any property that is derived from, or used for, any unlawful or terrorist activity by NIA.
Special courts- It is established by the Central or State government to try any offence under the Act.
Appeal- It provides for the appeal and revision of the judgments of the special courts by the High Court and the Supreme Court.

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GS-III :

10 July, 2020
2 Min Read

Unlawful Activities Prevention Act (UAPA)

Unlawful Activities (Prevention) Act, 1967, extends to the whole of India. 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.

The provisions of this Act apply also to

Citizens of India outside India;
Persons in the service of the Government, wherever they may be; and
Persons on ships and aircrafts, registered in India, wherever they I may be.

In August 2019, the Central government had amended the Unlawful Activities (Prevention) Act, 1967 to include the provision of designating an individual as a terrorist. Prior to this amendment, only organizations could be designated as terrorist organizations.

Ministry of Home Affairs (MHA) recently designated nine individuals associated with Khalistani extremist organisations as terrorists under the provisions of the UAPA.

Source: TH

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