The Unlawful Activities (Prevention) Act, 1967 (UAPA) is a central Act of Parliament and India's principal anti-terror law. It was originally enacted on December 30, 1967, to provide powers for dealing with activities directed against the integrity and sovereignty of India, following the Constitution (Sixteenth Amendment) Act, 1963. The initial problem it solved was curbing secessionist movements and anti-national activities.
The UAPA works by defining and penalizing "unlawful activity" as any action intended to disrupt the territorial integrity or sovereignty of India. Section 15 of the Act defines a "terrorist act" as an act done with the intent to threaten the unity, integrity, security, or economic security of India, often involving explosives or lethal weapons. A key mechanism is the stringent bail provision under Section 43D(5), which mandates that bail cannot be granted if the court believes the accusation against the accused is prima facie true. Furthermore, it allows for extended detention of a suspect for up to 180 days without a charge sheet, unlike the usual 90 days under ordinary criminal law.
The UAPA is closely connected to the National Investigation Agency (NIA), which is empowered to investigate and prosecute cases under the Act. It effectively replaced earlier anti-terror laws like the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorism Act (POTA).
The Act was significantly changed by the Unlawful Activities (Prevention) Amendment Act, 2019. The core structure of penalizing unlawful and terrorist acts stayed the same, but the amendment expanded the scope to allow the Central Government to designate an individual as a terrorist, a power previously limited only to organisations. The 2019 amendment also empowered NIA officers of the rank of Inspector or above to investigate cases and allowed the Director General of the NIA to approve the seizure of property connected with terrorism.