Whom does the UAPA apply to?

The UAPA applies to anyone who commits a UAPA crime in India or outside India1. It applies to Indian citizens irrespective of where the crime is committed and also includes people in Government service, and people on ships and aircrafts registered in India.

Types of persons

Apart from individuals, the UAPA also applies to2:

  • Companies
  • Firms
  • Organisations and associations of persons
  • Any agency, office or branch owned or controlled by the above.
  1. Section 1, Unlawful Activities (Prevention) Act, 1967.[]
  2. Section 2(ec), Unlawful Activities (Prevention) Act, 1967.[]

What is the difference between sedition and defamation?

Sedition1 is a crime against the State, meaning a crime where violence or public disorder is caused amongst the people as they have been incited against the government. A crime of defamation2 is against a person or a group of persons, where words or visual representations affect their reputation.

  1. Section 124A, Indian Penal Code, 1860.[]
  2. Section 499, Indian Penal Code, 1860.[]

I have spoken about the lack of funds in the Public Distribution System and have criticized the government for it. Will there be sedition charges against me?

If your speeches are honest concerns and have not further posed any threat to causing any public disorder or violence against the government, there will not be any sedition charges against you. You would be liable for an act of sedition if you have attempted or encouraged people to resort to violence. Under the law it is known as exciting disaffection.

What is an Armed Forces Tribunal?

The Armed Forces Tribunal has been made for the trial of persons in the Armed Forces, which may include persons from the Army, Navy or Airforce. The Tribunal looks into disputes and complaints with respect to appointments, conditions of service, disciplinary proceedings etc. The main branch of the Tribunal is in New Delhi but it has regional branches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur. The tribunals follow the normal procedure as practiced in the High Courts of India and all the proceedings are in English. Persons who are not in the armed forces cannot approach this Tribunal as this is only meant for the armed forces and their trial.

Why is AFSPA a controversial law?

The AFSPA gives too much power to the Armed Forces, even to extent of killing someone only on the grounds of suspicion. This has been seen as opposed to the right to life as granted by the Constitution of India.