The Unlawful Activities (Prevention) Act, 1967 (UAPA) aims to prevent unlawful activities by individuals and associations and address terrorist activities while ensuring the sovereignty and integrity of India. Enacted based on the recommendations of the National Integration Council, it imposes restrictions on fundamental rights such as freedom of speech, peaceful assembly, and association formation under the Constitution (16th Amendment) Act, 1963.
Key Definitions
- Unlawful Activity:
Any act by an individual or group aimed at:
- Cession or secession of Indian territory.
- Disrupting the sovereignty or territorial integrity of India.
- Unlawful Association:
- Groups encouraging unlawful activities or promoting enmity under Sections 153A and 153B of the IPC.
Provisions for Forfeiture of Proceeds of Terrorism
Chapter V of the UAPA outlines the rules for the forfeiture of terrorism-related property:
- Proceeds of Terrorism (Section 24):
Property intended for terrorist activities is considered proceeds of terrorism.
- Authority to Investigate (Section 25):
Investigating officers can seize suspected property with prior written approval from the Director-General of Police.
- Forfeiture by Court (Section 26):
Courts can order the forfeiture of property if proven to be linked to terrorism.
- Show Cause Notice (Section 27):
Before forfeiture, a notice must be issued to the person from whom the property is seized.
- Appeals (Section 28):
Aggrieved individuals can appeal forfeiture orders within one month in the relevant High Court.
- Other Provisions:
- No Interference with Punishment (Section 29): Forfeiture does not affect other penalties.
- Claims by Third Parties (Section 30): Investigation into claims against forfeited property.
- Powers of Designated Authority (Section 31): Authority to conduct impartial investigations.
- Void Transfers (Section 32): Transfers post-notice are considered null.
- Forfeiture of Suspected Individuals’ Property (Section 33).
Support to Terrorist Organizations
Under Sections 38, 39, and 40, activities like supporting, promoting, or raising funds for terrorist organizations are criminalized. For instance:
- Organizing meetings to support terrorist groups.
- Soliciting funds or property to further terrorist activities.
Bail Provisions Under UAPA
Section 43 introduces stringent conditions for bail:
- No Anticipatory Bail: Provisions of Section 438 CrPC do not apply to UAPA offenses.
- Reverse Burden of Proof (Section 43D(5)): The accused cannot be granted bail unless the court believes the accusations are prima facie false.
- Non-Indian Citizens: Bail is granted only under exceptional circumstances to foreigners entering the country unlawfully.