THE UNLAWFUL ACTIVITIES(PREVENTION)ACT
- UAPA is an Indian law aimed at prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.
- Under UAPA both Indian and foreign nationals can be charged.
ENACTED IN - 1967
SOME AMENDMENTS IN UAPA
- 2004 amendment
- 2008 amendment
- 2019 amendment
2004 AMENDMENT
- The 2004 amendment defined terrorism act as a crime and granted powers to the central government to declare organizations as "terrorist" and impose a ban against them.
2008 AMENDMENT
- 2008 amendment come in force after 2008 Mumbai terror attack.
- Its gives Indian authorities heightened powers to detain persons without charge.
- The period that an individual can be held in police custody was increased from 15 days to 30 days.
- Its also permits a detainee to be held in judicial custody without charge up to 180 days.
- Under the section 13 of the UAPA, the permission of the ministry of home affairs is required.
- Under the sections 16,17 and 18, the permission of the respective state government is required.
- section 25 allows the NIA to seize property it considers to be proceeds of terrorism.
- Normal bail rules do not apply to an accused under 43(D)5 of the UAPA.
- Pre- chargesheet time is extended to 180 days.
PUNISHMENT IN UAPA
- Punishable with imprisonment for a term which may extend to seven years.
- Also liable to fine.
CRITICISM
- The opposition claimed that the bill did not contain any provision to prevent misuse.
- the power to designate an individual as a terrorist before being proven guilty by trial.
