The Unlawful Activities (Prevention) Act (UAPA), introduced in 1967, grants the Central Government total authority . As a result, if the Centre determines that an activity is criminal, it may declare it so through an Official Gazette. The law intends to prevent groups engaged in illegal activity in India effectively.

What are the recent amendments to UAPA Act?

The scope of UAPA was enlarged in July 2019. It was changed to allow the government to designate individuals as a terrorist. Only groups may be classified as terrorists before this. The average rate of conviction under UAPA has been 2.19 percent.

When can the UAPA be used?

The UAPA’s provisions are usually applied when there is a suspicion of a plot to undermine national security. The UAPA allows police to hold a suspect for 30 days and gives them 180 days instead of 90 days to file a charge sheet. Bail is also difficult to obtain under the law.

Does UAPA Act define the word terrorism?

The words ‘terrorism’ and ‘terror’ are not defined under the UAPA, according to a bench comprising Justice Siddharth Mridul and Justice Anup Jairam Bhanbhani.

Is UAPA bailable in India?

Under UAPA Act, provisions offer very little opportunity for judicial reasoning, making granting bail impossible. The Supreme Court confirmed in 2019 that courts must accept the state’s case without assessing its merits in the case of Zahoor Ahmed Shah Watali. There are provisions for preventive detention in UAPA.

What is section 15 of UAPA Act?

Section 15 of UAPA defines what is a terrorist act. It states that- “Whoever, with intent, to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country….compel the Government in India or the Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act.”

Which state has recorded the highest number of cases under UAPA?

Uttar Pradesh reported the highest number of arrests under the Unlawful Activities (Prevention) Act (UAPA), followed by Jammu and Kashmir and Manipur.

What is UAPA Act punishment?

The UAPA Act punishment states that anybody who recruits or causes to be recruited any person or individuals for the commission of a terrorist act is subject to fines and imprisonment for a term that must not be less than five years but may go as long as life. The UAPA has the death penalty and life imprisonment as the severest punishments.

Why is UAPA draconian?

Police may apply the Illegal Activities Prevention Act. Because of its severe anti-terror measures that make bail impossible and lessen the burden on the prosecution, it is considered draconian.

What is Section 45 Unlawful Activities Prevention Act?

Section 45 Unlawful Activities Prevention Act , states that without prior approval from the central government or its designated officer, no court may declare any offense in violation of Chapter III, which deals with illegal acts, association membership, and funding.

Who can investigate UAPA?

The State Police must continue the investigation of the case until receiving instructions from the Central Government for the NIA to take over the investigation, as is implied by section 6(6), under the UAPA Act.

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Unlawful Activities Prevention Act: UAPA Full Form, Provisions | UAPA Act Notes

Q: What is the full form of UAPA Act?

The full form of the UAPA Act is the Unlawful Activities Prevention Act. The Unlawful Activities (Prevention) Act is an important topic under Internal Security , covered under GS Paper 3 Syllabus .

By Balaji

Updated on: February 28th, 2023

Unlawful Activities (Prevention) Act (UAPA), passed in 1967, assigns absolute power to the Central Government, by way of which, if the Centre deems an activity as unlawful, then it may, by way of an Official Gazette, declare it so. The law aims at the effective prevention of unlawful activity associations in India. The UAPA has the death penalty and life imprisonment as the severest punishments.

The Unlawful Activities Prevention Act is an important topic under Internal Security, covered under GS Paper 3 of the UPSC Mains Exams. The UAPA Act 2019 designates individuals as terrorists on certain grounds provided in the Act.

Table of content

1. UAPA Act – Unlawful Activities Prevention Act
2. UAPA Full Form
3. Provisions of the UAPA Act
4. Features of the Unlawful Activities Prevention Act, 2019
5. Issues associated with the UAPA Act
6. Future of UAPA in India
7. UAPA Act UPSC

UAPA Act – Unlawful Activities Prevention Act

In the 1960s, India was confronted with the prospect of its army being defeated in the Sino-Indian War, as well as the DMK contesting elections in Tamil Nadu with secession from India as part of their manifesto. The UAPA was adopted on December 30, 1967, in response to the Indian state’s necessity to declare secessionist organizations ‘illegal.’ In 2004, due to widespread outcry over the misuse of the Prevention of Terrorism Act (POTA), the government repealed it while also considering modifying the Unlawful Activities Prevention Act.

Under UAPA, the investigating agency can file a charge sheet for a maximum of 180 days after the arrests, and the duration can be extended further after intimating the court. The UAPA Amendment Act 2019 was passed in August 2019 and designated individuals as terrorists on certain grounds provided in the Act.

UAPA Full Form

The UAPA Full Form stands for Unlawful Activities (Prevention) Act. The Unlawful Activities (Prevention) Amendment Bill was introduced in Lok Sabha by the Minister of Home Affairs, Amit Shah, on 8 July 2019. The Bill amended the Unlawful Activities Prevention Act of 1967.

On August 09, 2019, the President assented to amend the Unlawful Activities (Prevention) Act 1967. The amended Act will be the Unlawful Activities (Prevention) Act, 2019.

UAPA Act UPSC Notes

Provisions of the UAPA Act

The Unlawful Activities (Prevention) Act additionally empowers the government to designate individuals as terrorists.

The key provisions of the UAPA Act are:

Approval for the seizure of property by NIA: Under the Act, an investigating officer is required to obtain the prior approval of the Director-General of Police to seize properties that may be connected with terrorism.
Insertion to schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any treaties listed in a schedule to the Act. The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997) and the Convention against Taking of Hostages (1979). The Bill adds another treaty to the list, the International Convention for Suppression of Acts of Nuclear Terrorism (2005).
An investigation by NIA: Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. The Act additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.
Who may commit terrorism: Under the Act, the central government may designate an organization as a terrorist organization if it: commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism, or is otherwise involved in terrorism.

Features of the Unlawful Activities Prevention Act, 2019

Special processes, among other things, are established under the Act to deal with terrorist activity. Its goal is to avoid illegal activity associations from forming. Unlawful activity is the actions committed by a person or group to compromise India’s territorial integrity and sovereignty.

According to the UAPA Act, if an organization performs or participates in acts of terrorism, prepares for terrorism, supports terrorism, or is otherwise involved in terrorism, the union government may declare or designate it as a terrorist organization. The bill also grants the government the authority to label people as terrorists on the same grounds.
The death sentence and life imprisonment are the two most severe penalties under the UAPA. The Act provides the central government absolute authority, and if the Center judges an activity as illegal, it can declare it through an Official Gazette.
Under UAPA Act, both Indian and foreign nationals can be charged. The Act provides extra-territorial jurisdiction.
According to the Act, an investigating officer must acquire the Director-General of Police’s approval before seizing property that may be linked to terrorism.
If the inquiry is undertaken by a National Investigation Agency (NIA) official, the Director-General of the NIA must approve the seizure of such property, according to the Bill.
Officers of the IPS rank of Deputy Superintendent or Assistant Commissioner of Police or higher can conduct investigations under the Act’s provisions. The Bill also allows National Investigation Agencies officials with the rank of Inspector or higher to conduct investigations.

Issues associated with the UAPA Act

The goal of the UAPA is to empower authorities to deal with actions that jeopardize India’s integrity and sovereignty. This legislation is also known as the Anti-Terror Law.

The issues related to UAPA Act are:

To deal with terrorism-related offenses, it departs from normal legal procedures and establishes a special regime that limits the accused’s constitutional rights.
Conviction rates are low under UAPA as against the frequent application of provisions of the Act. E.g., the National Crime Records Bureau (NCRB) provided UAPA statistics; 4,231 First Information Reports (FIR) were submitted under various parts of the UAPA between 2016 and 2019, with 112 cases resulting in convictions.
The vague definition of terrorist activities. The law defines it as any act aiming to strike terror in people, and it also lists its connection to activities that may affect the stability of India. But it does not cover activities like state-sponsored terrorism etc.
It undermines the role and authority of state police in terrorist activities. As NIA is the primary investigating unit, the state police’s role in anti-terror activities is undermined.

Future of UAPA in India

The Act needs to be modified to guarantee that sanctions for prosecutions and investigations under this Act are handled by a constitutional functionary independent of the Executive. Perhaps a High Court Judge could be assigned to this task.

A new law needs to be implemented rather than using 1963 laws with the use of technologies in dealing with terrorism rather than just relying on draconian provisions. Terrorism and illegal actions are always a source of political contention. If the Act is to be effective, it must appear apolitical at all times.

UAPA Act UPSC

The Unlawful Activities (Prevention) Act (UAPA) is an important topic under Internal Security, covered under GS Paper 3 of the UPSC Mains Exam. One must practice the UPSC Previous Year Questions to understand the UPSC Exam Pattern in a better way and get a hold of the topic.

Question: Consider the following statement regarding the Unlawful Activities Prevention Act

Only Indians can be charged under UAPA.
The act is applicable only in India, so offenders cannot be charged outside India.

Which of the following statement is incorrect?

A) A only

B) B only

C) Both A and B

D) Neither A nor B

Answer: Option C

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