eCourtsIndia
IndiaCode Laws
Act37
Enacted 1967

The Unlawful Activities (Prevention) Act, 1967

In force 67 sections Home Affairs

An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations, and for dealing with terrorist activities, and for matters connected therewith.

Act 37 of 1967 Enacted 30 Dec 1967 In force 30 Dec 1967 Department Department of Internal Security

Administered by. Ministry of Home Affairs, Department of Internal Security · Other Acts of 1967

Preamble

THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967

ACT NO. 37 OF 1967

[30th December, 1967.] An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations 1 [, and for 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:--

What this Act covers

Summary of The Unlawful Activities (Prevention) Act, 1967

Objective

The main objectives of the Act are to:

• Safeguard the sovereignty, unity, integrity, and security of India.

• Prevent and prohibit unlawful activities and terrorist acts.

• Declare and ban organizations and individuals involved in terrorism or activities threatening national security.

• Prevent the financing of terrorism and disrupt terrorist networks.

• Provide a legal framework for the investigation, prosecution, and punishment of offences relating to terrorism and unlawful activities.

• Enable cooperation with international obligations relating to the prevention and suppression of terrorism.

Key Provisions

• Unlawful Activities: Defines and prohibits activities that seek to bring about the cession or secession of any part of India or that otherwise threaten the sovereignty and territorial integrity of the country.

• Terrorist Acts: Defines terrorist acts, including acts intended to threaten the unity, integrity, security, economic security, or sovereignty of India, or to terrorize the public through the use of violence or other specified means.

• Unlawful Associations: Empowers the Central Government to declare an association as an unlawful association if it is involved in activities prohibited under the Act.

• Designation of Terrorists: Authorizes the Central Government to designate organizations and individuals as terrorists if they are involved in terrorism. The Act also provides a mechanism for seeking review of such designation.

• Terrorist Funding: Criminalizes the raising, collection, provision, or use of funds and other assets intended for terrorist activities and provides for the attachment and forfeiture of property connected with terrorism.

• Investigation: Permits investigation of offences by designated agencies, including the National Investigation Agency (NIA) where applicable, and provides special procedural powers for investigating terrorist offences.

• Arrest and Bail: Prescribes stringent provisions relating to arrest, detention, and bail. Courts may grant bail only after considering the statutory conditions laid down in the Act.

• Punishments: Provides severe penalties, including imprisonment for varying terms, life imprisonment, or, in certain cases involving terrorist acts resulting in death, the death penalty.

• Forfeiture of Property: Enables attachment, seizure, and forfeiture of property derived from or used in connection with terrorist activities.

• Jurisdiction and Procedure: Provides for the constitution of Special Courts for the speedy trial of offences under the Act and prescribes special procedures for investigation and prosecution

Sections

Type to filter. 67 sections.

  1. 1Short title, extent and application
  2. 2Definitions
  3. 3Declaration of an association as unlawful
  4. 4Reference to Tribunal
  5. 5Tribunal
  6. 6Period of operation and cancellation of notification
  7. 7Power to prohibit the use of funds of an unlawful association
  8. 8Power to notify places used for the purpose of an unlawful association
  9. 9Procedure to be followed in the disposal of applications under this Act
  10. 10Penalty for being member of an unlawful association, etc
  11. 11Penalty for dealing with funds of an unlawful association
  12. 12Penalty for contravention of an order made in respect of a notified place
  13. 13Punishment for unlawful activities
  14. 14Offences to be cognizable
  15. 15Terrorist act
  16. 16Punishment for terrorist act
  17. 16A[Omitted]
  18. 17Punishment for raising funds for terrorist act
  19. 18Punishment for conspiracy, etc
  20. 18APunishment for organising of terrorist camps
  21. 18BPunishment for recruiting of any person or persons for terrorist act
  22. 19Punishment for harbouring, etc
  23. 20Punishment for being member of terrorist gang or organisation
  24. 21Punishment for holding proceeds of terrorism
  25. 22Punishment for threatening witness
  26. 22AOffences by companies
  27. 22BOffences by societies or trusts
  28. 22CPunishment for offences by companies, societies or trusts
  29. 23Enhanced penalties
  30. 24Reference to proceeds of terrorism to include any property intended to be used for terrorism
  31. 24AForfeiture of proceeds of terrorism
  32. 25Powers of investigating officer and Designated Authority and appeal against order of Designated Authority
  33. 26Court to order forfeiture of proceeds of terrorism
  34. 27Issue of show cause notice before forfeiture of proceeds of terrorism
  35. 28Appeal
  36. 29Order of forfeiture not to Interfere with other punishments
  37. 30Claims by third party
  38. 31Powers of Designated Authority
  39. 32Certain transfers to be null and void
  40. 33Forfeiture of property of certain persons
  41. 34Company to transfer shares to Government
  42. 35Amendment of Schedule, etc
  43. 36Denotification of terrorist organisation or individual
  44. 37Review Committees
  45. 38Offence relating to membership of a terrorist organisation
  46. 39Offence relating to support given to a terrorist organisation
  47. 40Offence of raising fund for a terrorist organisation
  48. 41Continuance of association
  49. 42Power to delegate
  50. 43Officers competent to investigate offence under Chapters IV and VI
  51. 43APower to arrest, search, etc
  52. 43BProcedure of arrest, seizure, etc
  53. 43CApplication of provisions of Code
  54. 43DModified application of certain provisions of the Code
  55. 43EPresumption as to offence under section 15
  56. 43FObligation to furnish information
  57. 44Protection of witnesses
  58. 45Cognizance of offences
  59. 46Admissibility of evidence collected through the interception of communications
  60. 47Bar of jurisdiction
  61. 48Effect of Act and rules, etc., inconsistent with other enactments
  62. 49Protection of action taken in good faith
  63. 50Saving
  64. 51Impounding of passport and arms licence of person charge sheeted under the Act
  65. 51ACertain powers of the Central Government
  66. 52Power to make rules
  67. 53Orders and rules to be laid before both Houses of Parliament

Schedules

This Act has 4 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Amending Acts

4 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Unlawful Activities (Prevention) Amendment Act, 201237 of 2013
  • The Unlawful Activities (Prevention) Amendment Act, 200437 of 2004
  • The Criminal Law (Amendment) Act, 197237 of 1972
  • The Unlawful Activities (Prevention) Amendment Act, 196937 of 1969

Rules made under this Act

40 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Declaration of eighteen(18) more individuals as terrorist under the Unlawful Activities (Prevention) Act, 1967 (S.O. 3816(E) to 3833(E))2020
  • Declaration of nine more individuals as terrorist under the Unlawful Activities (Prevention) Act, 1967 (S.O.No. 2164,2165,2166,2167,2168,2169,2170,2171 and 2172)2020
  • Central Government hereby directs Government of Jammu and Kashmir to exercise in respect of Jamaat-e-Islami (JeI) as an Unlawful Association2019
  • Central Government hereby directs Government of Jammu and Kashmir to exercise in respect of Jammu and Kashmir Front (Mohd. Yasin Malik faction) as an Unlawful Association2019
  • Constitution of Tribunal for the purpose of adjudicating whether Jamaat-e-Islami (JeI), Jammu and Kashmir as an unlawful2019
  • Jamaat-e-Islami (JeI), Jammu and Kashmir declared as an unlawful association2019
  • Jamaat-ul-Mujahideen Bangladesh as Terrorist organisation2019
  • Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction) as an Unlawful association2019
  • Liberation Tigers of Tamil Eelam declared as an Unlawful association2019
  • Maulana Masood Azhar, Hafiz Muhammad Sahib, Zaki-ur-Rehman Lakhvi, Dawood Ibrahim Kaskar are declared as individual terrorists and add their name to schedule 4 of the Unlawful Activities (Prevention) Act, 19672019
  • Notification regarding Rules to amend Procedure for Admission and Disposal of Application Rules, 2004.2019
  • S.O.1853(E)-Constitution of Tribunal for declaring LTTE as an unlawful association2019
  • Tehreek-ul-Mujahideen (TuM) and all its manifestations2019
  • Unlawful Activities (Prevention) Tribunal Order dated 6.11.2019 confirming the Liberation Tigers of Tamil Eelam (LTTE) as an unlawful association w.e.f. 14.05.20192019
  • Designation of Al-Qaida in Indian Subcontinent (AQIS) and Islamic State in Khorasan Province (ISKP) as Terrorist Organisation under UAPA2018
  • Islamic State-Islamic State of Iraq and Levant-Islamic State of Iraq and Syria-Daish as terrorist organisation2018
  • Khalistan Liberation Force and all its manifestations2018
  • The Khalistan Liberation Force and all its manifestations declared as terrorist organisation2018
  • Tribunal Order Notification about Islamic Research Foundation(IRF)2017
  • Declaring Islamic Research Foundation (IRF) as Unlawful Association2016
  • UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL declaring National Socialist Council of Nagaland (Khaplang) an Unlawful Association2016
  • Decalring Ansar-Ul-Ummah(AUU) as Terrorist Organization2015
  • Declaration of NSCN(K) as terrorist organization2015
  • Declaring ISIS as terrorist organisaiton2015
  • Harkat-Ul-Mujahideen or Harkat-Ul-Ansar or Harkat-Ul-Jehad-E-Islami or Ansar-Ul-Ummah (AUU) declared as Terrorist organisation2015
  • Islamic State-Islamic State of Iraq and Levant-Islamic State of Iraq and Syria-Daish and all its manisfestation as terrorist organisation2015
  • National Socialist Council of Nagaland (Khaplang) declared as an Unlawful Association2015
  • Declaration of Hynniewtrep National Liberation Council of Meghalaya its various wings as unlawful2014
  • Declaration of Kamtapur Liberation Organisation (KLO) as terrorist organization2014
  • Declaration of National Drmocratic Front of Boroland(NDFB) of Assam as unlawful2014
  • Declaring National Liberation Front of Asom(ULFA) of Assam as unlawful2014
  • Judgement passed by the Unlawful Activities Tribunal in the matter of LTTE2014
  • Proscription of LTTE as Unlawful Association2014
  • S.O.1272 (E) - Liberation Tigers of Tamil Eelam (hereinafter referred to as the LTTE), is an association based in Sri Lanka but having its supporters, sympathisers and agents2014
  • The Unlawful Activities (Prevention) Act, 1967 (37 of 1967) had declared the LTTE to be an unlawful association vide notification of the Govt. of India in the MHA number S.O. 1272 (E) dated 14.05.20142014
  • The Unlawful Activities (Prevention) Tribunal consisting of Honble Mr. Justice G.P. Mittal a sitting Judge of the High Court of Delhi for declaring the LTTE as an Unlawful association2014
  • Declaration of Meitei Extremists Organisations, viz, PLA, PREPAK, KCP, KYKL and MPLF as unlawful2013
  • Declaration of Meitei Extremists Organisations,viz,the Peoples Liberation Army (PLA),the United Revolution Party of Kngleipak Communist Party(KCP) the Kanglei Yaol Kanbalup(KYKL)and the MPLF as unlawful2013
  • Declaration of National Liberation Front of Tripura(NLFT) and the All Tripura Tiger Force (ATTF) as unlawful2013
  • Declaration of the National Liberation Front of Tripura (NLFT) and the All Tripura Tiger Force (ATTF) of Tripura and their various wings as unlawful associations2013

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 67 sections of this Act has its own page. This page is not a substitute for legal advice.