UAPA Unlawful Activities (Prevention) Act,1967

India's Unlawful Activities (Prevention) Act, enacted in 1967, targets actions threatening the nation's territorial integrity and sovereignty. The law grants the central government authority to designate activities as unlawful through official publications. Penalties include death and life imprisonment. The Act applies to both Indian and foreign nationals, including crimes committed outside of India.

Authorities are empowered to file charges within 180 days of arrest, with extensions possible upon court notification.

Amendments over time have expanded the Act's scope. In 2004, "terrorist act" was included as a bannable offense, leading to the designation of 34 organizations. Previously, "unlawful" activities were limited to secessionist movements.

A 2019 amendment allows individuals to be classified as terrorists under specific criteria. The National Investigation Agency (NIA) gains power to approve property seizure and investigations under the Act.

The UAPA punishes anyone who takes part in unlawful activities, or who assists in committing such unlawful activities. If you carry out any unlawful activity, you can be punished with imprisonment for up to seven years, and a fine

.For Terrorist Activities that results in death, punishment is life imprisonment, and a fine.For other Terrorist Activities punishment is jail time between 5 years and life imprisonment along with a fine.

The Act:

Section 7. Power to prohibit the use of funds of an unlawful association.—

(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under subsection

(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).

Section 10. Penalty for being member of an unlawful association, etc.—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

(ii) takes part in meetings 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 liableto 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 objects of such association and in either case is in possession

of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of

causing mass destruction and commits any act resulting in loss of human life or grievous injury to any

person or causes significant damage to any property,—

(i) and if such act has resulted in the death of any person, shall be punishable with death or

imprisonment for life, and shall also be liable to fine;

(ii) in any other case, 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.]

Section 11. Penalty for dealing with funds of an unlawful association.—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 the2

[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

Section 18. Punishment for conspiracy, etc.—Whoever conspires or attempts to commit, or advocates,

abets, advises or 3 [incites, directly 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.

[18A. Punishment for organising of terrorist camps.—Whoever organises or causes to be

organised any camp or camps for imparting training in terrorism 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.

18B. Punishment for recruiting of any person or persons for terrorist act.—Whoever recruits or

causes to be recruited any person or persons for 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.]

Section 40. Offence of raising fund for a terrorist organisation.—

(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.

1[Explanation.—For the purposes of this sub-section, a reference to provide money or other property

includes—

(a) of its being given, lent or otherwise made available, whether or not for consideration; or

(b) raising, collecting or providing funds through production or smuggling or circulation of high

quality counterfeit Indian currency.]

(2) A person, who commits the offence of raising fund for a terrorist organisation under

sub-section (1), shall be punishable with imprisonment for a term not exceeding fourteen years, or with

fine, or with both.

Section 43A. Power to arrest, search, etc.—Any officer of the Designated Authority empowered in this

behalf, by general or special order of the Central Government or the State Government, as the case may

be, knowing of a design to commit any offence under this Act or has reason to believe from personal

knowledge or information given by any person and taken in writing that any person has committed an

offence punishable under this Act or from any document, article or any other thing which may furnish

evidence of the commission of such offence or from any illegally acquired property or any document or

other article which may furnish evidence of holding any illegally acquired property which is liable for

seizure or freezing or forfeiture under this Chapter is kept or concealed in any building, conveyance orplace, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place.

Section 44. Protection of witnesses.—(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;

(b) the avoiding of the mention of the name and address of the witness in its orders or judgments

or in any records of the case accessible to public;

(c) the issuing of any directions for securing that the identity and address of the witness are not

disclosed;

(d) a decision that it is in the public interest to order that all or any of the proceedings pending

before such a court shall not be published in any manner.

TERRORIST ORGANISATIONS

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 3

[The Resistance Front and all its

manifestations and front Organisations].

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.

9. AL-UMAR-MUJAHIDEEN.

10. JAMMU AND KASHMIR ISLAMIC FRONT.

11. UNITED LIBERATION FRONT OF ASSAM (ULFA).

12. NATIONAL DEMOCRATIC FRONT OF BODOLAND (NDFB).

13. PEOPLE’S LIBERATION ARMY (PLA).

14. UNITED NATIONAL LIBERATION FRONT (UNLF).

15. PEOPLE’S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK).

16. KANGLEIPAK COMMUNIST PARTY (KCP).

17. KANGLEI YAOL KANBA LUP (KYKL).

18. MANIPUR PEOPLE’S LIBERATION FRONT (MPLF).

19. ALL TRIPURA TIGER FORCE.

20. NATIONAL LIBERATION FRONT OF TRIPURA.

21. LIBERATION TIGERS OF TAMIL EELAM (LTTE).

22. STUDENTS ISLAMIC MOVEMENT OF INDIA.

23. DEENDAR ANJUMAN.

24. COMMUNIST PARTY OF INDIA (MARXIST-LENINIST)—PEOPLE’S

WAR, ALLITS FORMATIONS AND FRONT ORGANISATIONS.

25. MAOIST COMMUNIST CENTRE (MCC), ALL ITS FORMATIONS AND FRONT

ORGANISATIONS.

26. AL BADR.

27. JAMIAT-UL-MUJAHIDDEN.

28. AL-QAIDA.

and more....

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