Home / Legal Explainers / Government & Elections / Government / Unlawful Activities (Prevention) Act / Can you get bail for UAPA cases?

Can you get bail for UAPA cases?

Last updated on Jun 15, 2022

Yes, but the UAPA has special bail conditions for a person accused of being involved in a terrorist activity or involved with a terrorist organisation. The accused cannot get bail:

  • Unless the government’s lawyer has heard the bail application.
  • If the court thinks that there is a reasonable possibility that they actually committed the offence that they have been accused of.

If a UAPA offence is committed by a person who is not an Indian citizen, or a person who has entered India illegally, the court will not give bail. Such a person can get bail only in very exceptional circumstances and the court has to record the reasons for granting bail.

The Supreme Court has held that violation of the fundamental right to a speedy trial is a ground for the constitutional court to grant bail in UAPA cases.

If you want to know more about Bail, check out our explainer.

How useful was this post?

Click on a star to rate it!

Average rating 4.3 / 5. Vote count: 3

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
citizen rights icon

Guide to Accessing Safe Abortions

The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion. 

Guide for Survivors of Sexual Harassment at the Workplace

This guide by Nyaaya and Ungender helps those who have faced sexual harassment at the workplace to navigate the legal process in such situations.

Understanding Bail

Bail is when an accused assures the police that he will not run away or commit any more crimes if he is released into society.

Workplace Guide for Persons with Disabilities

The Nyaaya Guide for Persons with Disabilities at the Workplace helps persons with disabilities (PwDs) understand their employment rights and associated remedies. 

Where can contempt of court happen?

Contempt of court can happen anywhere - inside court, outside court, on social media. etc. Further, contempt proceedings can be taken up by either the Supreme Court, High Court, or Tribunals. However, the procedure to initiate proceedings will differ based on the place where the alleged contempt happens.