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Unlawful Activities (Prevention) Act
Context:
Delhi L-G gives prosecution sanction against Arundhati Roy under the Unlawful Activities (Prevention) Act (UAPA) for allegedly making provocative speeches at an event in 2010.
More on News:
- The sanction was given under Section 45 (1) of the stringent UAPA in connection with a 2010 FIR over “provocative speeches in public” at a New Delhi auditorium.
- Section 45: Cognizance of offences.–(1) No court shall take cognizance of any offence— under Chapter III (Offences and Penalties) without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf.
- Earlier, the Lt Governor granted sanction under Section 196 of the Code of Criminal Procedure (CrPC) to prosecute the accused for the offences of promoting enmity between different groups and making statements to cause public mischief.
About Unlawful Activities (Prevention) Act (UAPA):
- Objective: The UAPA was enacted to prevent unlawful activities in India, including terrorism, and to ensure national security.
- Background: The Act was originally passed in 1967. It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act – TADA (lapsed in 1995) and the Prevention of Terrorism Act – POTA (repealed in 2004).
- It has undergone several amendments since then, including in 2004, 2008, and 2019.
- Key Provisions: The UAPA gives special procedures for handling terrorist activities, defines “unlawful activity” as any action intended to disrupt the territorial integrity and sovereignty of India, and assigns absolute power to the central government to declare an activity as unlawfuL
- Amendments: The 2019 amendments aimed to facilitate-
- Speedy investigation and prosecution of terrorist offences
- Designate individuals as terrorists
- The officers of the NIA, of the rank of Inspector or above, empowered to investigate cases.
- Allow the National Investigation Agency (NIA) to probe cybercrimes and human trafficking.
About the National Investigation Agency (NIA):
- Formed through National Investigation Agency Act, 2008.
- NIA is functioning as the Central Counter Terrorism Law Enforcement Agency in India.
- Ministry: Ministry of Home Affairs.
- Structure: The NIA is headed by a Director General (IPS Officer).
- Wanted List: The NIA maintains the NIA Most Wanted List, which includes individuals wanted for terror-related crimes.
- International Cooperation: The NIA can investigate scheduled offences committed outside India, subject to international treaties and domestic laws of other countries
- Offices:
- Headquarters :New Delhi.
- NIA has several 12 Branch offices across the country.
- The other branches are based in Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur Jammu, Chandigarh, Ranchi, Chennai and Imphal.
