IV
CHAPTER V
UNLAWFUL ACTIVITIES (PREVENTION) RULES, 1968
QUALIFICATIONS FOR THE MEMBERS OF
1.
UNLAWFUL ACTIVITIES (PREVENTION)
RULES, 2008
6. Procedure for applying the provisions of sub-clause (iiia) of clause (
(1) of
Unlawful Activities (Prevention) Act, 1967
[37 OF 1967]*
An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations 1[,and dealing with terrorist activities] and for matters connected therewith.
2[WHEREAS the Security Council of the United Nations in its 4385th meeting adopted Resolution 1373 (2001) on 28th September, 2001, under Chapter VII of the Charter of the United Nations requiring all the States to take measures to combat international terrorism;
AND WHEREAS Resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the Security Council of the United Nations require the States to take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the Schedule;
AND WHEREAS the Central Government, in exercise of the powers conferred by section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947) has made the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007;
AND WHEREAS it is considered necessary to give effect to the said Resolutions and the Order and to make special provisions for the prevention of, and for coping with, terrorist activities and for matters connected therewith or incidental thereto.]
BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follows:—
*Dated 30-12-1967
1. Inserted by the Unlawful Activities (Prevention) Amendment Act, 2004, w.r.e.f. 21-9-2004.
2. Inserted by the Unlawful Activities (Prevention) Amendment Act, 2008, w.e.f. 31-12-2008.
CHAPTER I
PRELIMINARY
Short title, extent and application.
3[1. (1) This Act may be called the Unlawful Activities (Prevention) Act, 1967.
(2) It extends to the whole of India.
(3) Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India.
3. Section 1 and 2 substituted for sections 1, 2 and 2A by the Unlawful Activities (Prevention) Amendment Act, 2004, w.r.e.f. 21-9-2004. Prior to their substitution, section 1 as amended by the Unlawful Activities (Prevention) Amendment Act, 1969, w.e.f. 13-8-1969, section 2 as amended by the Criminal Law (Amendment) Act, 1972, w.e.f. 14-6-1972 and section 2A as inserted by the Unlawful Activities (Prevention) Amendment Act, 1969, w.e.f. 13-8-1969 read as under:
“1. Short title and extent. – This Act may be called the Unlawful Activities (Prevention) Act, 1967.
(2) It extends to the whole of India:
Provided that it shall come into force in the State of Jammu and Kashmir on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions. - (a) “association” means any combination or body of individuals;
(b) “cession of a part of the territory of India” includes admission of the claim of any foreign country to any such part;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “secession of a part of the territory of India from the Union” includes the assertion of any claim to determine whether such part will remain a part of the territory of India;
(e) “Tribunal” means the Tribunal constituted under section 5;
(f) “unlawful activity”, in relation to an act individual or association, means any taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), -
(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession;
(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India;
(g) “unlawful association” means any association(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or (ii) which has for its object any activity which is punishable under section 153A or section 153B of the Indian Penal Code, or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity: Provided that nothing contained in sub-clause (ii) shall apply to the State of Jammu and Kashmir.
2A. Construction of references to laws not in force in Jammu and Kashmir. – Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to the State, be construed as a reference to the corresponding law, if any, in force in that State.”
(4) Any person, who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India.
(5) The provisions of this Act apply also to—
(a) citizens of India outside India;
(
b) persons in the service of the Government, wherever they may be; and
(c) persons on ships and aircrafts, registered in India, wherever they may be.]
COMMENTS
SECTION NOTES
1.1 Applicability of this Act
Every person shall be liable to be punished under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India. [Section 1(3)]
The words “every person” means even artificial persons like companies are liable to be punished under this Act. It also means that foreign nationals are liable to be punished if found guilty in India of an offence under this Act.
1.2 Extraterrestrial Application
Sub-section (4) extends the reach of the Act beyond India’s borders:
A person committing an offence outside India that is punishable under this Act shall be dealt with in the same manner as if the offence were committed within India.
This provision essentially provides or extraterritorial jurisdiction, enabling Indian authorities to take action against offenses committed by individuals outside India if those offenses fall under the purview of the Act.
This is particularly important for cases involving terrorism, insurgency, or activities that have an impact on India’s security, even when the acts are committed abroad.
1.3 Special Application to Certain Persons
Sub-section (5) outlines specific categories of persons to whom the provisions of the Act apply, irrespective of their location:
(a) Indian citizens outside India: Citizens of India who are located outside the country are still bound by the provisions of the Act. If they engage in unlawful activities that fall under the Act’s scope, they can be prosecuted under this law.
(
b) Government servants: Individuals in the service of the Indian Government, whether within India or abroad, are also subject to the provisions of the Act. This includes government employees working in diplomatic missions, military personnel, and other official representatives of the government.
(c) Persons on Indian-registered ships or aircraft: The provisions of the Act also apply to individuals on ships or aircrafts that are registered in India, regardless of their location on the globe. This ensures that unlawful activities occurring on Indian vessels or aircrafts are covered under the Act.
UNLAWFUL ACTIVITIES (PREVENTION) ACT
1967 WITH RULES – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN’S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : FEBRUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364550116
NO. OF PAGES : 92
BINDING TYPE : PAPERBACK
DESCRIPTION
Unlawful Activities (Prevention) Act 1967 with Rules [Bare Act with Section Notes] by Taxmann is India’s primary law to counter unlawful and terrorist activities threatening national integrity and sovereignty. This 2025 edition compiles all amendments, updated rules, relevant schedules, notifications, and concise Section Notes. Combining the Act’s bare text with explanatory insights offers an authoritative and accessible resource on the UAPA and its legal framework. This book is intended for the following audience:
• Legal Professionals
• Law Enforcement & Investigative Agencies
• Government Officials
• Academics & Students
• Think Tanks & NGOs
The Present Publication is the 2025 Edition, covering the amended and updated text of the Unlawful Activities (Prevention) Act [Act No. 37 of 1967] and Rules, with the following noteworthy features:
• [Authoritative Text] Incorporates amendments up to 2025 for the most current version of the law
• [Pre-amendment Provisions] Presents earlier versions in footnotes for historical/legal context
• [Section-by-section Notes] Highlights key legal definitions, procedures, and interpretations under each section
• [Updated Case References] Cites important Supreme Court and High Court judgments clarifying the UAPA
• [Incorporation of Rules & Schedules] Includes all major rules (e.g., 1968 Rules, Review Committee Rules) and updated schedules
• [Relevant Notifications & Forms] Contains key notifications designating unlawful associations or individuals
• [User-friendly Layout] Structured with clear chapter headings, footnotes, and section notes for quick reference