Punishment for unlawful activities

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 3

Section 13 of the Unlawful Activities (Prevention) Act, 1967 deals with punishment for unlawful activities. Whoever— (a) takes part in or commits, or (b) advocates, abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine. The Act came into force on 30 Dec 1967.

(1) Whoever—
(a) takes part in or commits, or
(b) advocates, abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine.
(2) Whoever, in any way, assists any unlawful activity of any association, declared unlawful under section 3, after the notification by which it has been so declared has become effective under sub-section (3) of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
(3) Nothing in this section shall apply to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations therefor carried on by any person authorised in this behalf by the Government of India.
Section 13, 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

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.

Thwaha Fasal v. Union of India

Supreme Court of India 28 Oct 2021 Binding (Supreme Court) Reportable (2021) 10 SCC 598

Court's Decision & Legal Precedent

Judgement of Main Case order-11.pdf 2021-10-28 labelled (order-10 same date is pronouncement ROP — skip). Crl.A. 1302/2021 + 1303/2021 (SLP(Crl) 2415/2021 + 5931/2021). Abhay S. Oka REPORTABLE, digitally signed 2021.10.28. DATE-CHECK false positive on Special Court / arrest / birth fact dates (2020-09-09 / 2019-11-01 / 1995-08-05); body is the named 28 Oct 2021 merits (same Ghisalal/Swapnanjali/Patil/Kymal pattern). Isolate: UAPA 38/39 require intention to further the terrorist organisation's activities; mere association or support is not enough. s.13 (Ch.III) is outside Ch.IV/VI so 43D(5) does not apply. s.20 is a distinct, more serious membership offence requiring a gang/org involved in a s.15 terrorist act — not invoked on the chargesheet; do not map 20 as decided-under. Do not pad 15 (no allegation of a terrorist act) or 43D (Najeeb filled). Do not pad NIA 21 (appeal vehicle only).

On this section: UAPA 13 (Ch.III unlawful activities) is outside Chapters IV and VI, so the s.43D(5) bail embargo does not apply (Thwaha Fasal).

Read the full order on eCourts India
Javaid Ahmad Bhat vs Union Territory Of Jammu And Kashmir

High Court 03 Apr 2025 Persuasive (High Court) Reportable

Court's Decision & Legal Precedent

When an accused is charged with offences punishable under Chapters IV and VI of the Unlawful Activities (Prevention) Act, 1967, the stringent bail provisions of Section 43-D(5) apply, which requires the court to be satisfied on perusal of the case diary or report that there are reasonable grounds for believing the accusation is prima facie true before bail can be granted. At the bail stage, the court cannot minutely appreciate the evidence or go into intricate questions of whether the offences are made out, as such appreciation is expected at the trial stage. If the trial court has properly considered all aspects of the case and rejected bail, the High Court will not interfere unless there is illegality or perversity in the order.

On this section: Punishment for unlawful activities - punishable with imprisonment up to 7 years and fine

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

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

All subordinate legislation

Questions about Section 13

What have the courts held on Section 13 of the Unlawful Activities (Prevention) Act?

Thwaha Fasal v. Union of India (28 Oct 2021) is the leading judgment on this section among those set out below: UAPA 13 (Ch.III unlawful activities) is outside Chapters IV and VI, so the s.43D(5) bail embargo does not apply (Thwaha Fasal). Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2021 to 2025.

How do I find court cases under Section 13 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 13, section 13 Uapa, section 13 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. 2 reported judgments on this section are set out on this page, beginning with Thwaha Fasal v. Union of India (28 Oct 2021).

What should I read with Section 13 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. 3 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 13 of the Unlawful Activities (Prevention) Act come into force?

Section 13 of the Unlawful Activities (Prevention) Act, cited as Uapa 13, 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.