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Central ActAct No. 37 of 1967

The Unlawful Activities (Prevention) Act, 1967 (UAPA) — Bare Act, All Sections & Free PDF

अवैध गतिविधियां (रोकथाम) अधिनियम, 1967

Ministry of Home AffairsDepartment of Internal SecurityEnacted: Last Updated:

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Overview

Enacted in 1967, the Unlawful Activities (Prevention) Act is India's primary anti-terror law. Its main purpose is to strictly prevent all unlawful activities and associations threatening national integrity. It directly applies to the entire nation, empowering the government to ban terrorist organizations, designate individuals as terrorists, and impose stringent penalties to comprehensively safeguard internal security, public order, and national sovereignty.

1967 में लागू अवैध गतिविधियां (रोकथाम) अधिनियम भारत का प्रमुख आतंकवाद निरोधी कानून है। इसका उद्देश्य राष्ट्रीय अखंडता के विरुद्ध अवैध गतिविधियों को रोकना है। यह पूरे देश पर लागू होता है, जो सरकार को आतंकी संगठनों पर प्रतिबंध लगाने, व्यक्तियों को आतंकी घोषित करने और आंतरिक सुरक्षा व संप्रभुता की रक्षा हेतु कड़ी सजा देने का अधिकार देता है।

What is UAPA

The Unlawful Activities (Prevention) Act, 1967 is India's primary anti-terror and national security legislation enacted by Parliament. It came into effect on December 30, 1967. Originally designed to curb secessionist movements, it effectively replaced the Preventive Detention Act, 1950, adapting to evolving security threats over decades. Its primary objectives are to prevent unlawful activities, associations, and terrorist acts that threaten India's sovereignty, territorial integrity, and security.

The Act empowers the central government to declare any organization a terrorist outfit and, following crucial 2019 amendments, designate individuals as terrorists. It criminalizes fundraising, recruitment, and conspiracy for terrorist acts. The law grants extensive powers to investigating agencies like the National Investigation Agency for arrests, property seizures, and prolonged detentions without immediate formal charges.

By establishing stringent legal mechanisms and Special Courts for expedited trials, this legislation provides the state with powerful tools to combat terrorism, ensuring absolute national security across the country.

Explanation

The Unlawful Activities (Prevention) Act, 1967 provides a comprehensive statutory scope for combating terrorism and unlawful associations in India. Its key provisions span multiple chapters, detailing the declaration of terrorist organizations, seizure of terrorist property, and stringent penalties for terror-related offenses. A major structural change introduced by this Act, particularly through the 2019 amendment, was the provision to designate individuals as terrorists, a significant departure from solely targeting organizations.

It also extended custody periods for investigating agencies. This Act operates indispensably alongside companion laws like the National Investigation Agency Act, 2008, which establishes the central agency authorized to enforce UAPA provisions across state borders. While the Indian Penal Code addresses general criminal conspiracies, this Act specifically targets activities threatening national sovereignty.

In the Indian justice system, this legislation plays a profoundly strict and transformative role. It imposes severe restrictions on bail, famously requiring public prosecutors to be given an opportunity to oppose bail, and mandating courts to be satisfied the accused is not guilty. Section 43D outlines strict detention periods. Landmark Supreme Court judgments interpret its provisions to balance fundamental rights with national security imperatives. By ensuring robust prosecution of terror financing, this legislation maintains internal security across the nation.

Sections (Showing 1 to 10 of 67)

Section 1 to Section 10 (10 Sections)

Short title, extent and application.

1 [ 1. Short title, extent and application .--(1) This Act may be called the Unlawful Activities (Prevention) Act, 1967 (37 of 1967). (2) It extends to the whole of India. (3) Ever...

Definitions.

(1) In this Act, unless the context otherwise requires,-- (a) association means any combination or body of individuals; (b) cession of a part of the territory of India includes adm...

Declaration of an association as unlawful.

(1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such associati...

Reference to Tribunal.

(1) Where any association has been declared unlawful by a notification issued under sub-section (1) of section 3, the Central Government shall, within thirty days from the date of ...

Tribunal.

(1) The Central Government may, by notification in the Official Gazette, constitute, as and when necessary, a tribunal to be known as the "Unlawful Activities (Prevention) Tribunal...

Period of operation and cancellation of notification.

(1) Subject to the provisions of sub-section (2) , a notification issued under section 3 shall, if the declaration made therein is confirmed by the Tribunal by an order made under ...

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 sub-section (3) of that section and the Central Govern...

Power to notify places used for the purpose of an unlawful association.

(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section, the Central Governmen...

Procedure to be followed in the disposal of applications under this Act.

Subject to any rules that may be made under this Act, the procedure to be followed by the Tribunal in holding any inquiry under sub-section (3) of section 4 or by a Court of the Di...

Penalty for being member of an unlawful association, etc.

1 [ 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 und...

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Disclaimer: This bare act is reproduced for general informational and reference purposes only and does not constitute legal advice. Always verify provisions against the latest official gazette and consult a qualified advocate before relying on any section.