Delhi Blast: Delhi Police have registered a case in connection with the blast near the Red Fort under various Sections of the Unlawful Activities (Prevention) Act (UAPA), the Explosives Act, and the Bharatiya Nyaya Sanhita (BNS). A deadly blast near Red Fort occurred on Monday, November 10, claiming 10 lives and leaving several injured. The tragic incident has caused widespread shock in the area, with security heightened in several parts of the country.
"A case has been registered under sections 16, 18 of the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Explosives Act and the BNS at the Kotwali Police Station," Delhi Police said on Tuesday.
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In this article, we have explained the meaning of the UAPA, when it is invoked, and what it entails.
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What is UAPA?
The Unlawful Activities (Prevention) Act, 1967 (37 of 1967) is an act aimed at preventing unlawful activities by individuals and associations, dealing with terrorist activities, and for matters connected therewith. It extends to the whole of India. The act gives the police power to detain anyone engaging in unlawful activities like aiding and abetting terrorists, funding terrorists, inciting anti national feeling in the masses and other unlawful activities against the state.
Under this act, anyone who breaks its rules can be punished in India. The law also applies to:
- Indian citizens living outside India.
- People working for the Indian government, wherever they are.
- People on ships or airplanes registered in India, no matter where they are.
How is terrorist act defined in UAPA?
According to the Ministry of Home Affairs, under the UAPA, the terrorist act has been defined as any act committed with intent to threaten or likely to threaten India’s unity, integrity, security (economic security), or sovereignty or with intent to strike terror or likely to strike terror in the people by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause (i) death of, or injuries to, any person or persons.
Under the UAPA, the punishment for committing a terrorist act is:
If the act causes someone’s death, the person can face death or life imprisonment, along with a fine.
If no death occurs, the person can face at least 5 years to life imprisonment, along with a fine.
Punishment for unlawful activities under UAPA:
Anyone who takes part in, commits, or encourages an unlawful activity can be punished with up to 7 years in prison and a fine.
Anyone who helps an organisation declared unlawful after the official notification can face up to 5 years in prison, a fine, or both.
These rules do not apply to treaties, agreements, or negotiations made by the Indian government with other countries.
Notably, as per the 2019 amendment to the UAPA, the state now commands the power to designate individuals as “terrorists”, which was previously restricted to naming groups as “terrorist organisations”.
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