eCourtsIndia
IndiaCode Laws
Section10
The Unlawful Activities (Prevention) Act, 1967

Penalty for being member of an unlawful association, etc

In force From 30 Dec 1967 Act 37 of 1967 As on 15 Oct 2026

Act 37 of 1967 Ministry Home Affairs Enacted 30 Dec 1967 In force 30 Dec 1967 Instruments 6

Section 10 of the Unlawful Activities (Prevention) Act, 1967 deals with penalty for being member of an unlawful association, etc. Where an association is declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section,— (a) a person, who— (i) is and continues to be a member of such association; The Act came into force on 30 Dec 1967.

1[10. Penalty for being member of an unlawful association, etc.—Where an association is declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section,—

(a) a person, who—

(i) is and continues to be a member of such association; or

(ii) takes part in meetings of such association; or

(iii) contributes to, or receives or solicits any contribution for the purpose of, such association; or

(iv) in any way assists the operations of such association,

shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine; and

(b) a person, who is or continues to be a member of such association, or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes significant damage to any property,—

(i) and if such act has resulted in the death of any person, shall be punishable with death or imprisonment for life, and shall also be liable to fine;

(ii) in any other case, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.]

Section 10, The Unlawful Activities (Prevention) Act, 1967 (Act 37 of 1967).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 3 Declaration of an association as unlawful

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Arup Bhuyan v. State of Assam

    Supreme Court of India 24 Mar 2023 Binding (Supreme Court) Reportable (2023) 8 SCC 661

    Court's Decision & Legal Precedent

    Judgement of Main Case order-45.pdf 2023-03-24 DATE VERIFIED. Crl.A. 889/2007 with connected matters. 3-judge (M.R. Shah / C.T. Ravikumar / Sanjay Karol) REPORTABLE. Isolate: UAPA s.10(a)(i) — once an association is declared unlawful by a s.3 notification that has become effective under s.3(3), a person who is and continues to be a member is punishable; no extra overt act or ‘active membership’ is required. 2011 Arup Bhuyan / Raneef / Indra Das reading-down overruled. American guilt-by-association doctrine not imported given Art. 19(4). Distinguishes UAPA s.38 (terrorist-organisation membership needs intention) — do not pad 38.

    On this section: UAPA 10(a)(i): mere continued membership of a declared unlawful association (after the s.3 notification is effective) is an offence; no additional violence/overt-act ingredient (Arup Bhuyan 2023 3-judge). Do not pad 13/15/16/18/38.

    Read the full order on eCourts India

  2. The State Nct of Delhi Home Department Secretary vs Abdul Baki Mandal

    Supreme Court of India 21 Sep 2023 Binding (Supreme Court) - As a precedent establishing principles of appellate in 2023 (4) SCALE 739 (for the Reference decision cited in this order)

    Court's Decision & Legal Precedent

    Unless the findings of acquittal recorded by a lower court are impossible or perverse, the appellate court should not interfere with such acquittal. A Larger Bench's clarification regarding the interpretation of statutory provisions does not automatically necessitate the reversal of acquittal judgments that are based on a thorough examination of merits and factual findings, provided the acquittals are not grounded on a perverse application of the clarified law.

    On this section: The Court established that under this section, a person who is and continues to be a member of an association declared unlawful is liable to imprisonment extending to two years and fine

    Read the full order on eCourts India

  3. Subhashree Das @ Milli vs State of Orissa

    Supreme Court of India 05 Oct 2012 Persuasive (Other Court - Supreme Court Decision with Binding Force on Inferior Marked not reportable Criminal Appeal No. 1601 of 2012 (Non-Reportable)

    Court's Decision & Legal Precedent

    In proceedings under Article 226 of the Constitution, where a petitioner challenges the legality of arrest and seeks compensation, the petitioner must establish the foundational facts of illegality based on either facts acknowledged by the respondent or facts conclusively established through examination of contemporaneous official records. Where factual disputes exist regarding the time of arrest, the Court may examine case diaries and official records to determine the true time of arrest. When statutory requirements such as the 24-hour production rule are applied, practical considerations such as reasonable travel time between the place of custody and the Magistrate's location must be factored in to determine compliance. Bare claims of unlawful arrest without substantiation by reliable evidence do not entitle a person to compensation merely because the underlying criminal case is later quashed.

    On this section: Substantive charges against the appellant relating to alleged Naxal activities and material dissemination

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

6 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 10

What have the courts held on Section 10 of the Unlawful Activities (Prevention) Act?

Arup Bhuyan v. State of Assam (24 Mar 2023) is the leading judgment on this section among those set out below: UAPA 10(a)(i): mere continued membership of a declared unlawful association (after the s.3 notification is effective) is an offence; no additional violence/overt-act ingredient (Arup Bhuyan 2023 3-judge). Do not pad 13/15/16/18/38. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2012 to 2023.

How do I find court cases under Section 10 of the Unlawful Activities (Prevention) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Uapa 10, section 10 Uapa, section 10 of the Unlawful Activities (Prevention) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Arup Bhuyan v. State of Assam (24 Mar 2023).

What should I read with Section 10 of the Unlawful Activities (Prevention) Act, and has it changed?

Its own text turns on section 3 (Declaration of an association as unlawful), so none of them can safely be read on its own. 6 instruments name it without being made under it, most recently Unlawful Activities (Prevention) Tribunal Order dated 6.11.2019 confirming the Liberation Tigers of Tamil Eelam (LTTE) as an unlawful association w.e.f. 14.05.2019 (2019), then Tribunal Order Notification about Islamic Research Foundation(IRF) (2017).

When did Section 10 of the Unlawful Activities (Prevention) Act come into force?

Section 10 of the Unlawful Activities (Prevention) Act, cited as Uapa 10, came into force on 30 Dec 1967, having been enacted on 30 Dec 1967. It is in force as at the date shown on this page.

Other sections of this Act

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. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.