Unalawful Activities (Prevention ) Act 1967

Unlawful Activities (Prevention ) Act 1967

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Background 

The year was 1967 the parliament enacted the unlawful activities prevention act. the resolution was passed by National Integration Council.(NIC) headed by the Prime Minister.

This law has been amended seven times the seventh Amendment in the year 2019 prior to 2019 this law has been amended six times:-1969,1972,1986,2004,2008,2019.

UAPA deals with:-

1. Unlawful Activities 
2. Terrorist Acts. 

Difference between an Unlawful act and a Terrorist act 

Unlawful Activity is defined under section 2(o) of UAPA.

unlawful activity is if you commit an act that is against the unity integrity and sovereignty of the nation. but you commit this act not to bombs not through ammunition not through weapons not through firearms but through words whether these words are spoken or written through pictorial representation. we will punish you and if you are a member of such an unlawful organization that organization also shall be ban.

It is similar to section 124A of IPC which deals with sedition.

Terrorist Acts 

 If you are acting against the unity integrity and sovereignty of the nation but through firearms through ammunition through weapons through landmines.it is a terrorist act and if you are committing a terrorist act UAPA will punish you 

Punishment 

 sec 16 punishment for Terrorist act -

1. Whoever commits a terrorist act shall,—

(a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;

(b) in any other case, 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.

2019 Amendments 

Three major Changes in UAPA 

1.The Act empowers the central government to designate an individual a "terrorist'' he is found committing, preparing for, promoting, or is otherwise involved in an act of terror.

2. The government is not required to give an individual an opportunity to be heard before such a designation.

3. The Act empowers the Director-General of the National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.

The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.

Under the 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.