Wednesday, 11 November 2020

Unlawful Activities (Prevention) Act, 1967

 

Unlawful Activities (Prevention) Act, 1967

  • Eighteen more individuals declared as terrorists under the Unlawful Activities (Prevention) Act, 1967.
  • Please note, the Central Government had amended the Unlawful Activities (Prevention) Act, 1967 in August 2019, to include the provision of designating an individual as a terrorist.
  • Prior to this amendment, only organizations could be designated as terrorist organizations.

About the Unlawful Activities (Prevention) Act:

  • Passed in 1967, the law aims at effective prevention of unlawful activities associations in India.
  • The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
  • It has death penalty and life imprisonment as highest punishments.

Key points:

  • Under UAPA, both Indian and foreign nationals can be charged.
  • It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
  • Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.

As per amendments of 2019:

  • The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
  • The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.

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