Unlawful Activities (Prevention) Act, 1967 (UAPA)

It was enacted to provide for more effective prevention of certain unlawful activities of individuals and organizations and to combat terrorist activities and for matters connected therewith.
The Act defines the following action by a person/persons or organizations as unlawful activity;
- Any action which exercises authority over or control over any part of the territory of India.
- Any action which undermines the sovereignty of India or impairs the integrity of India.
The Central Government may declare any guilty organization as a terrorist organization.
Investigation may be conducted by officers of the rank of DSP or ACP or above.

It provides for an extended period of arrest, which keeps on increasing. Normal bail cannot be granted before this. Also, regular bail is also subject to the satisfaction of the judge.
Apart from bail, the process also ensures pre-trial, longer trial periods and longer periods of imprisonment for accused found guilty of heinous terror crimes.

The law is applicable to both Indian and foreign nationals, and it extends to the whole of India. Besides the provisions of this Act apply also to:

A charge sheet can be filed in maximum 180 days after the arrests.
The investigation has to be completed within 90 days.
If investigation is not completed with the stipulated time, the accused is eligible for default bail.

Ammendments of the Act:

It added “terrorist act” to the list of offences, to ban organisations for terrorist activities.
Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, the “terrorist act” was added to the list of offences.

The amendment empowers the Central Government to designate individuals as terrorists on certain grounds.
It empowers the Director-General, National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is under investigation by the agency.
It also empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism. Earlier, the power to investigate was with the officers of the rank of Deputy Superintendent or Assistant Commissioner of Police only.