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Citizens for Justice and Peace

Ready reckoner to the Unlawful Activities (Prevention) Act, 1967 Community Resource

10, Sep 2018 | Sabrang Team

Here are provisions under the Unlawful Activities (Prevention) Act, 1967 that deal with defining terrorists and terrorist activity as well as punishments prescribed for such acts.

What constitutes a terrorist act (Sec. 15): Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country, does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community in India or in any foreign country or causes damage or destruction of any property or equipment used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any state government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the government in India or the government of a foreign country or any other person to

do or abstain from doing any act, commits a terrorist act.

Punishment for terrorist (Sec. 16):

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.

Punishment for funding terrorist act (Sec. 17):

Whoever raises funds for the purpose of committing a terrorist act shall 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.

Punishment for being part of terrorist conspiracy (Sec. 18):

Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of a terrorist act, or any act preparatory to the commission of a terrorist act, shall 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.

Punishment for hiding terrorist (Sec. 19):

Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine:

Provided that this section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

Punishment for being member of terrorist gang or organisation (Sec. 20):

Any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.

Punishment possessing explosives etc. for aiding terrorism (Sec. 23):

(1) If any person with intent to aid any terrorist contravenes any provision of, or any rule made under the Explosives Act 1884 or the Explosive Substances Act 1908 or the Inflammable Sub-stances Act 1952 or the Arms Act 1959, or is in unauthorised possession of any bomb, dynamite or hazardous explosive sub-

stance or other lethal weapon or substance capable of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained in any of the aforesaid acts or

the rules made thereunder, 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.

(2) Any person who, with intent to aid any terrorist, attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in subsection

(1), shall be deemed to have contravened that provision under subsection (1) and the provisions of that subsection in relation to such person, have effect subject to the modification that the reference to “imprisonment for life” therein shall be construed as a reference to “imprisonment for ten years”.

Definition of a terrorist gang (Sec. 4l):

“Terrorist gang” means any association, other than terrorist organisation, whether systematic or otherwise, which is con cerned with, or involved in, terrorist act.

Definition of a terrorist organisation (Sec. 4m):

“Terrorist organisation” means an organisation listed in the schedule or an organisation operating under the same name as an organisation so listed;

Definition of unlawful activity (Sec. 4o):

“Unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise) –

(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the union, or which incites any individual or group of individuals to bring about such cession or secession; or

(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or

(iii) which causes or is intended to cause disaffection against India

Definition of unlawful activity (Sec. 4p):

“Unlawful association” means any association –

(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or

(ii) which has for its object any activity which is punishable under Section 153A or Section 153B of the Indian Penal Code, or which encourages or aids persons to under-take any such activity, or of which the members undertake any such activity

The entire UAPA may be read here:

 

 

This ready reckoner first appeared in the August-September 2008 edition of Communalism Combat. The entire piece may be read here.

*Feature Image Credit: © 2007 Jupiter Images Corporation

Related:

How NSA is being used against Human Rights Defenders

A Legal History of NSA: Independent India’s version of the draconian Rowlatt Act

 

 

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