The Unlawful Activities (Prevention) Act,1967

The Unlawful Activities (Prevention) Act,1967   What are 'unlawful associations'? [Section 2(p)]   The Central Government maintains a list of unlawful associations. It can add items to this list if it thinks that

• the organisation's activities are supporting secession from India, or
• the organisation is trying to affect India's status as an independent nation, or
• the organisation is causing enmity towards India.

Once an organisation is on this list, membership of such an organisation becomes a crime. Money going to it can be blocked and the places it uses can be monitored.   How is this list updated? [Section 3] When adding any association to the list, the Central Government has to explain why it was added. However, if revealing any fact is against public interest, the Central Government can keep it secret. Additions to the list have to be approved by the UAPA Tribunal and published in the Gazette. However, if it is an urgent matter, the addition can be finalised before approval is taken. The addition has to be made public. It has to be:

• published in a newspaper;
• put up as a notice in the unlawful association's office; or
• announced in public in places where the association operates.

  How long does an association stay on the 'unlawful' list? [Section 6] Once the Tribunal has approved it, the addition stays for 5 years. However, the Central Government can cancel it at any time.   What happens once an organization is on the 'unlawful' list ?

• In relation to its money: [Section 7]

1. Any money being used by that organization can be blocked.
2. The accounts of the organisation can be examined, and people connected to the money can be questioned.
3. If any money is blocked, it can be challenged in a District Court within 15 days.

 

• If there is any place, like a house or a building, that is being used by the association, the Government can: [Section 8]

1. Notify that place.
2. Prevent people who don't live there from entering that place without permission from the District Magistrate.
3. Search any persons entering that place (by a Sub-Inspector rank or above).
4. Make a list of items in the place, and prevent their use, if they are being used for the unlawful association.
5. The District Magistrate can give specific orders before allowing any person to enter the place. If a person disobeys, he can be made to leave the place.
6. If a place is notified under this section, a person can challenge the order in District Court.

  How will the Tribunal function?  The Central Government is supposed to refer all additions to the unlawful associations list to the UAPA Tribunal in 30 days' time. The Tribunal then hears from the association, gets more information on the matter and either confirms or cancels the Central Government's addition. [Section 4]

• This hearing has to take place within 30 days from the date of the service of notice given to the association in writing to show cause. Post this hearing, the Tribunal holds an enquiry and decides the matter. Within 6 months from the date of the notice issued, the Tribunal either confirms or cancels the Central Government’s addition. [Section 4]
• The order of the Tribunal has to be published in the Official Gazette. [Section 4]

• The Tribunal and the District Judges, in deciding issues relating to unlawful associations, will follow the procedure laid out in the Code of Criminal Procedure, 1973. [Section 9]
• For the purpose of making an enquiry under this Act, have same powers as are vested in a civil court under the Code of Civil Procedure, 1908. [Section 5]
• Notwithstanding anything contained in the Code, an offence punishable under this Act shall be cognizable. [Section 14]

[A cognizable offence is one that the police can investigate without permission from the Magistrate. Any crime under this law can be investigated directly by the police.]

• Usually, courts can start criminal proceedings on their own. Under this law, however, for a court to start a trial for a crime under this law, it needs approval from the government, who will first review the case. [Section 45]

  What happens to members of unlawful associations? [Section 10]  

Crime	Punishment
Helping out the organisation by: being a member; going to meetings; giving money or raising money; or helping in any other way.	Up to 2 years' jail, and also fine.
Causing death, while being a member of the organisation, and carrying guns, bombs or other weapons of mass destruction.	Death sentence, or life imprisonment and fine.
As a member, if you seriously hurt any person or property while carrying such weapons.	Minimum jail time: 5 years Maximum jail time: Life Imprisonment

  What happens if you handle money for an unlawful association? [Section 11] If there is an order against you blocking you from handling any money, and you disobey the order:

1. You can go to jail for up to 3 years, or you can be fined.
2. The Court can also fine you the amount that you were handling.

  What happens if you violate an order regarding any place? [Section 12]   If the Government has notified a place, saying it was used by an unlawful association:

• Disobeying such an order can lead to 1 year of jail and also fine.

  Are criminal procedures and trials under this law different than other trials? Yes, in some respects. This section explains when criminal trial procedure will be different. [Section 43(D)]

• The police can investigate every crime under this law. They never need permission from a Magistrate to start investigation.
• Under this law, the police can arrest and hold a person without warrant for longer periods than for other crimes.
• Anticipatory bail (where you are given bail even before you get arrested) is not available under this law.
• Bail is much stricter under this law. If the judge believes that the accusations are not completely unbelievable, bail is usually denied. A foreign citizen is granted bail even more rarely.
• Usually, the State Government has the power to order that certain prisoners are not taken out of prison to be taken to court. Under this law, this power is given to the Central Government as well.

  Similarly, proof can be collected through wiretaps and be used in trial. This is not allowed for other crimes, but is allowed for offences under this law. [Section 46] The accused persons will have to be told 10 days in advance that this wiretap evidence is going to be used. If for some reason, it is not possible to tell the accused person 10 days in advance, the judge can choose to overlook the violation.   Bar of jurisdiction as provided under Section 47 of the Act. [Section 47] Save as otherwise expressly provided in this Act, no proceeding taken under this Act by the Central Government or the District Magistrate or any officer authorised in this behalf by the Central Government or the District Magistrate, shall be called in question in any civil court in any suit or application or by way of appeal or revision, and no injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. Basically, any action taken by the Central Government or a District Magistrate under this law, such as seizing property, cannot be questioned in a civil court.   This law will override other laws as provided under Section 48 of the Act. [Section 48] The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.