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Unlawful Activities (Prevention) Act (UAPA)

Context

The Supreme Court of India recently reprimanded the Chhattisgarh Police for adding charges under the stringent Unlawful Activities (Prevention) Act (UAPA) to an FIR against a man who was granted anticipatory bail in another case. The court expressed its displeasure, stating that the police's actions appeared to be a deliberate attempt to bypass the interim order granting protection from arrest.

What is UAPA?

  • Unlawful Activities (Prevention) Act (UAPA) is a legislation aimed at preventing unlawful activities that threaten the sovereignty, integrity, and security of India.
  • The Act provides special procedures to deal with terrorist activities, among other things.
  • Also known as “anti-terror law”, the act was enacted in 1967 and later amended multiple times to strengthen provisions related to terrorism and unlawful activities.
  • Definition of Unlawful Activity: Under UAPA, an "unlawful activity" includes any activity that causes disaffection towards India or harms the sovereignty and integrity of India.
    • This provision mirrors the sedition charge under the Indian Penal Code (IPC), which criminalizes acts or speech that incite disaffection against the government.
  • Section 15 of UAPA defines terrorist act as any act with intent to threaten or likely to threaten the unity, integrity, security, econo mic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
  • Punishment for Unlawful Activities (Section 13):
    • Section 13 of UAPA deals with the punishment for engaging in or inciting unlawful activities. It includes advocating, abetting, or inciting any unlawful activity.
    • Punishment: Individuals found guilty can be punished with imprisonment of up to seven years.
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