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Feb 24, 2022
Did you know that if your fundamental rights are violated, you can get bail for UAPA Cases
The Supreme Court has held that violation of the fundamental right to speedy trial is a ground for the constitutional court to grant bail in UAPA (Unlawful Activities (Prevention) Act, 1967) cases.
What is an ‘unlawful activity’?
The UAPA aims to effectively prevent certain unlawful activities of individuals and associations, and also deals with terrorist activities.
An “unlawful activity” can include:
- Any action which is done to bring about the surrender of Indian territory.
- Any action that supports the withdrawal of a part of Indian territory from the larger Union of India.
- Actions that question or disrupt the sovereignty and territorial integrity of our country.
- Any action which causes (or wants to cause) discontent against India.
The UAPA punishes anyone who takes part in unlawful activities, or who assists in committing such unlawful activities. If you carry out any unlawful activity, you can be punished with imprisonment for up to seven years, and a fine.
What are the punishments for terrorist activities under UAPA?
Unlawful activities are defined broadly as given above in the UAPA. However, the UAPA narrows down on several terrorist activities which pose a threat to the integrity and sovereignty of India. Given below are the punishments for various types of terrorist activities under UAPA:
| Terrorist Activities | If it results in death: The punishment is life imprisonment, and a fine.
In any other case: The punishment is jail time between 5 years and life imprisonment along with a fine. |
| Organising Terrorist Camps | The punishment is jail time between 5 years and life imprisonment along with a fine. |
| Conspiracy | The punishment is jail time between 5 years and life imprisonment along with a fine. |
| Recruiting any Person(s) for Terrorist Activities | The punishment is jail time between 5 years and life imprisonment along with a fine. |
| Harbouring a Terrorist | The punishment is jail time between 3 years and life imprisonment along with a fine. |
| Being a Member of Terrorist Gang | The punishment is life imprisonment, and a fine. |
| Holding Proceeds of Terrorism
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The punishment is life imprisonment, and a fine.
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| Threatening Witness
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The punishment is jail time between 3 years and life imprisonment along with a fine.
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Can you get bail if you are arrested under the UAPA law?
Special laws like the UAPA have additional conditions for an accused person to get bail.
The UAPA has special bail conditions for a person accused of being involved in a terrorist activity or involved with a terrorist organisation. In such cases, the person cannot get bail unless the government’s lawyer has heard the bail application of the person asking to be released. Further, a person accused of terrorist involvement cannot get bail if the court thinks that there is a reasonable possibility that he actually committed the offence that he has 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.
If you want to know more about Bail, check out our explainer.