Our Practice under the Unlawful Activities (Prevention) Act (UAPA):
Terrorism is a big issue and Unlawful Activities (Prevention) Act, 1967 deals with the preventive measures. The interpretation of the statues suggests that it has been designed in a manner that could prevent any kind of terror-based activity which includes any form of supervision towards the criminal conspiracy which could harm the sovereignty and integrity of the nation. The UAPA main objective is to prevent any form of terror activities and it also allow the respective authorities to impose ‘Ban’ on such formative organisations and individual who are the part of such activities across the state. The act has undergone several amendments, notably in 2004, 2008, and 2019, each aims in stringent the law.
Unlawful Activities (Prevention) Act, 1967 suggests the involvement of the charges which includes the terrorism, funding of unlawful activities, membership in banned organisation, and spreading seditious content. Under UAPA, the theory of “innocent until proven guilty” is not applicable whereas the burden of prove shifts to the accused, making defence more challenging. The Act also allow for prolonged detention without charges and restricts the grant of bail under section 43D (5) of the act.
The punishment also includes Section 152 of BNSS, 2023 which reads as under:
Section- 152 of BNS, 2023: Act endangering sovereignty, unity and integrity of India -Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.
Explanation:
Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.
Cases under UAPA is investigated by ATS or NIA in India. The National Investigation Agency (NIA) is India’s apex counter-terrorism law enforcement agency, established under the NIA Act, 2008. Jurisdiction of agency is prevalent in terrorism-related offences which effect the sovereignty, integrity, and security of India, including crimes under the Unlawful Activities (Prevention) Act (UAPA), Explosive Substance Act, and Arms Act.
Our Legal Services in UAPA Matters Includes:
- Challenging UAPA Charges: We Critically analyse the FIR, sanction under Section 45, and the material presented by the prosecution to challenge the invocation of UAPA, especially where it appears to be politically motivated or baseless.
- Bail Under UAPA: UAPA’s “no bail” clause creates hurdles for the accused. Where we craft detailed bail applications focusing on the procedural laps, the details of the FIR, the proper provisions, if any delay in the investigation, or absence of prima facie evidence to meet the high threshold for bail under the act.
- Representation before NIA and Special Courts: We also represent our clients before the National Investigation Agency (NIA), which investigates UAPA cases and argue at trial in Special UAPA/ NIA Courts, ensuring due process is followed and constitutional protections are upheld.
- Writ Petitions and Habeas Corpus: Our firm is also much adept at filing writ petitions for illegal detentions, improper designation as a terrorist, and Seizure of assets. We also challenge notification banning organisations or freezing bank accounts under UAPA.
Mr A. Kumar is well known UAPA Lawyer in Delhi India. He has been engaged in many cases including Delhi Riot case, Umar Gautam Case & Maulana Sidhiqui Case (anti-conversion case in lucknow instituted by ATS, Lucknow, UP. ) etc.
