Indian law (commonly called UAPA) for more effective prevention of certain unlawful activities of individuals and associations, and for dealing with terrorist activities.
Unlawful Activities (Prevention) Act, 1967
Act No. 37 of 1967
[Amended up to 5 February 2019]
[30th December, 1967]
An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations [i][, and for dealing with terrorist activities] and for matters connected therewith
[ii][Whereas the Security Council of the United Nations in its 4385th meeting adopted Resolution 1373(2001) on 28th September, 2001, under Chapter VII of the Charter of the United Nations requiring all the States to take measures to combat international terrorism;
And whereas Resolutions 1267(1999), 1333(2000), 1363(2001), 1390(2002), 1455(2003), 1526(2004), 1566(2004), 1617(2005), 1735(2006) and 1822(2008) of the Security Council of the United Nations require the States to take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the Schedule;
And whereas the Central Government, in exercise of the powers conferred by Section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947) has made the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007;
And whereas it is considered necessary to give effect to the said Resolutions and the Order and to make special provisions for the prevention of, and for coping with, terrorist activities and for matters connected therewith or incidental thereto.]
Be it enacted by Parliament in the Eighteenth Year of the Republic of India as follows:
Chapter I
PRELIMINARY
1. Short title, extent and application.
[iii][1. Short title, extent and application.—(1) This Act may be called the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).
(2) It extends to the whole of India.
(3) Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India.
(4) Any person, who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India.
(5) The provisions of this Act apply also to—
(a) citizens of India outside India;
(b) persons in the service of the Government, wherever they may be; and
(c) persons on ships and aircrafts, registered in India, wherever they may be.
2. Definitions.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “association” means any combination or body of individuals;
(b) “cession of a part of the territory of India” includes admission of the claim of any foreign country to any such part;
(c) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
(d) “court” means a criminal court having jurisdiction, under the Code, to try offences under this Act [iv][and includes a Special Court constituted under Section 11 or under [v][Section 22] of the National Investigation Agency Act, 2008];
(e) “Designated Authority” means such officer of the Central Government not below the rank of Joint Secretary to that Government, or such officer of the State Government not below the rank of Secretary to that Government, as the case may be, as may be specified by the Central Government or the State Government, by notification published in the Official Gazette;
[vi][(ea) “economic security” includes financial, monetary and fiscal stability security of means of production and distribution, food security, livelihood security, energy security, ecological and environmental security;]
[vii][[viii][(eb)] “Order” means the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007, as may be amended from time to time;]
[ix][(ec) “person” includes—
(i) an individual,
(ii) a company,
(iii) a firm,
(iv) an organisation or an association of persons or a body of individuals, whether incorporated or not,
(v) every artificial juridical person, not falling within any of the preceding sub-clauses, and
(vi) any agency, office or branch owned or controlled by any person falling within any of the preceding sub-clauses;]
(f) “prescribed” means prescribed by rules made under this Act;
[x][(g) “proceeds of terrorism” means,—
(i) all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found; or
(ii) any property which is being used, or is intended to be used, for a terrorist act or for the purpose of an individual terrorist or a terrorist gang or a terrorist organisation.
Explanation.—For the purposes of this Act, it is hereby declared that the expression “proceeds of terrorism” includes any property intended to be used for terrorism;]
[xi][(h) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents, deeds and [xii][instruments in any form including but not limited to] electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, cash and bank account including fund, however acquired;
(ha) “Schedule” means [xiii][a Schedule] to this Act;]
(i) “secession of a part of the territory of India from the Union” includes the assertion of any claim to determine whether such part will remain a part of the territory of India;
(j) “State Government”, in relation to a Union Territory, means the Administrator thereof;
(k) “terrorist act” has the meaning assigned to it in Section 15, and the expressions “terrorism” and “terrorist” shall be construed accordingly;
(l) “terrorist gang” means any association, other than terrorist organisation, whether systematic or otherwise, which is concerned with, or involved in, terrorist act;
(m) “terrorist organisation” means an organisation listed in the [xiv][First Schedule] or an organisation operating under the same name as an organisation so listed;
(n) “Tribunal” means the Tribunal constituted under Section 5;
(o) “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;
(p) “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 153-A or Section 153-B of the Indian Penal Code (45 of 1860), or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity:
Provided that nothing contained in sub-clause (ii) shall apply to the State of Jammu and Kashmir;
(q) words and expressions used but not defined in this Act and defined in the Code shall have the meanings respectively assigned to them in the Code.
(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
References
[i] Inserted by Act 29 of 2004, S. 2 (w.e.f. 21-9-2004).
[ii] Inserted by Act 35 of 2008, S. 2 (w.e.f. 31-12-2008).
[iii] Substituted by Act 29 of 2004, S. 4 (w.e.f. 21-9-2004).
[iv] Inserted by Act 35 of 2008, S. 3(i) (w.e.f. 31-12-2008).
[v] Substituted for “Section 21” by Act 28 of 2019, S. 2(i) (w.e.f. 14-8-2019).
[vi] Inserted by Act 3 of 2013, S. 2(i) (w.e.f. 1-2-2013).
[vii] Inserted by Act 35 of 2008, S. 3(ii) (w.e.f. 31-12-2008).
[viii] Clause (ea) renumbered by Act 3 of 2013, S. 2(i) (w.e.f. 1-2-2013).
[ix] Inserted by Act 3 of 2013, S. 2(ii) (w.e.f. 1-2-2013).
[x] Substituted by Act 3 of 2013, S. 2(iii) (w.e.f. 1-2-2013).
[xi] Substituted by Act 35 of 2008, S. 3(iv) (w.e.f. 31-12-2008).
[xii] Substituted for “instruments in any form including” by Act 3 of 2013, S. 2(iv) (w.e.f. 1-2-2013).
[xiii] Substituted for “the Schedule” by Act 28 of 2019, S. 2(ii) (w.e.f. 14-8-2019).
[xiv] Substituted for “Schedule” by Act 28 of 2019, S. 2(iii) (w.e.f. 14-8-2019).
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