Title : About the UAPA Act, 1967

Date : Nov 10, 2021

Description :

Topic:  Internal Security related issues:

Why in News:

• · Srinagar students who celebrated Pakistan's victory against India in the recent T20 World Cup cricket match will be charged under the Unlawful Activities (Prevention) Act.

• · Students will be marked as OGWs of Indian anti-India organizations on police records and denied all government-sponsored benefits in the future.

·About the UAPA (Amendment) Act:

• The Act gives central government full powers, which, if the Agency deems an activity illegal, may, through the Official Gazette, declare it so.

• · It has the death penalty and life imprisonment as the highest penalties

· Key points:

• Under UAPA, both Indians and foreigners can be charged.

•  

  It will apply to people in other countries even if crimes are committed in another country, outside of India.

 

Under the UAPA, the investigating agency may file a case sheet within 180 days of the arrest and the period may be extended further after reporting to the court.

 

 

According to the 2019 amendments:

• The law gives the Director-General of the National Investigation Agency (NIA) the power to authorize the seizure or attachment of property if a case is being investigated by the agency.
• The law empowers NIA officials, Inspector-level or higher, to investigate terrorism cases other than those perpetrated by the DSP or ACP or a senior government official.
• It also included the provision of nominations for terrorism.

Delhi High Court defines UAPA contours

• In June 2021, issuing a ruling defining the provisions of Section 15 of the "ambiguity" of the Offenses (Prohibition) Act, 1967, (UAPA), the Delhi High Court set out some important provisions in setting out Section 15, 17. & 18 of the Act.

Sections 15, 17 and 18 of UAPA:

• S. 15 charges a 'terrorist act'
• S. 17 puts down the penalty for raising money by committing terrorism.
• S. 18 charges ‘conspiracy’ and so on. committing an act of terrorism or any act of preparation to commit an act of terrorism ’.

Prelims Hot-Link:

• Definition of illegal activity.

• Power of the Institution under the law.

 

• Does judicial review work in such cases?
• Changes introduced by amendments in 2004 and 2019.
• Can foreigners be prosecuted under this law?

Source : https://www.thehindu.com/news/national/other-states/tripura-slaps-uapa-cases-against-lawyers-activists/article37360148.ece

 

Tags : Internal Security related issues