The Unlawful Activities Prevention Act (UAPA), 1967
- Enacted in 1967, UAPA is the primary counter-terror law in India.
- It was enacted to outlaw and penalise unlawful and terrorist activities, which pose a threat to the integrity and sovereignty of India.
Key provisions of UAPA
Wide ranging powers to Central Govt
- It provides wide-ranging powers to the Central Government to designate organisations as terrorist organisations and
- It also prescribes the penalties for taking part in the activities of such organisations.
Applicability
- It is also applicable if the offences are committed outside India.
- Both Indian and foreign nationals can be charged.
Timeline
- A charge sheet can be filed in maximum 180 days after the arrests.
- The investigation has to be completed within 90 days.
- If investigation is not completed with the stipulated time, the accused is eligible for default bail.
Special court
- The act establishes a special court designated to conduct trials.
2019 Amendment of UAPA
- The original act was amended in the years 2004, 2008, 2013, and 2019 to increase its scope and ambit. 2019 amendment changed the following:
Who may commit terrorism:
- The amendment additionally empowers the government to designate individuals as terrorists on the same grounds.
Approval for seizure of property by NIA:
- The Amendment adds that if the investigation is conducted by an officer of the NIA, the approval of the Director General of NIA would be required for seizure of such property.
Insertion to schedule of treaties
- The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.
- The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).
- The Amendment adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).