Protests & UAPA: When Can You Be Charged Under This Law?

The Unlawful Activities (Prevention) Act, 1967 is a key anti-terror law in India aimed at preventing activities that threaten the sovereignty, unity, and integrity of the country. It allows the government to act against individuals and organizations involved in terrorism, separatist movements, or anti-national activities.

Key Highlights:

• Applies to the whole of India.
• Defines and criminalizes “unlawful activities.”
• Allows declaring individuals as “terrorists” (after the 2019 amendment).
• Organizations supporting terrorism can be banned.
• The National Investigation Agency (NIA) has the authority to investigate across states.
• Police can hold a suspect for up to 180 days without filing a charge sheet.
• Bail under UAPA is very difficult due to stringent conditions.
• Law is often debated due to concerns over misuse and human rights.

Purpose:

• To fight terrorism effectively.
• To stop violent separatist movements.
• To empower agencies like NIA for quick action.

20 FAQs on UAPA (Unlawful Activities Prevention Act)

1. Q: What is UAPA?
   A: It is India’s main anti-terror law to stop terrorism and activities that harm national unity or sovereignty.
2. Q: What is considered an “unlawful activity”?
   A: Actions or speech that promote terrorism or separatism or threaten India’s unity and integrity.
3. Q: Who can be arrested under UAPA?
   A: Any individual or group involved in or supporting unlawful or terror-related activities.
4. Q: Can the government declare someone a “terrorist”?
   A: Yes, since 2019, individuals (not just groups) can be designated as terrorists by the government.
5. Q: Can organizations be banned under UAPA?
   A: Yes. The government can declare any group as “unlawful” or a “terrorist organization.”
6. Q: Who investigates UAPA cases?
   A: Mainly the National Investigation Agency (NIA) and state police with special powers.
7. Q: Is it easy to get bail under UAPA?
   A: No. Getting bail is very hard under UAPA due to strict conditions.
8. Q: How long can police keep someone in jail under UAPA without filing a charge sheet?
   A: Up to 180 days (6 months), compared to 90 days under regular law.
9. Q: Can you be arrested just for a social media post under UAPA?
   A: Yes, if the post is seen as promoting terrorism, violence, or anti-national thoughts.
10. Q: Is UAPA only used for terrorists?
    A: Mostly yes, but critics say it has also been used against activists, students, and journalists.
11. Q: Is UAPA bailable or non-bailable?
    A: UAPA offenses are non-bailable, and courts rarely grant bail.
12. Q: Can a person challenge the “terrorist” tag?
    A: Yes, in the UAPA Tribunal or courts, but it is a long legal process.
13. Q: Is UAPA used fairly?
    A: Human rights groups argue it’s often misused, but the government says it’s necessary for security.
14. Q: Are students or protestors charged under UAPA?
    A: Yes, in some recent cases, students and protestors have been booked under UAPA.
15. Q: What is the punishment under UAPA?
    A: It ranges from 7 years to life imprisonment, or even death in extreme terror cases.
16. Q: Is confession to police enough to punish under UAPA?
    A: No, courts need more evidence, but confessions can still influence the case.
17. Q: Can foreign nationals be arrested under UAPA?
    A: Yes, if they are involved in unlawful or terror activities in India.
18. Q: Can property be seized under UAPA?
    A: Yes, if it’s believed to be used for or linked to unlawful activities.
19. Q: What’s the difference between UAPA and normal criminal laws?
    A: UAPA is stricter: longer jail without charge sheet, harder bail, and more power to police/NIA.
20. Q: Can UAPA cases be heard in regular courts?
    A: No. They are tried in special UAPA courts for faster handling.