Punishment for conspiracy, etc
Section 18 of the Unlawful Activities (Prevention) Act, 1967 deals with punishment for conspiracy, etc. Whoever conspires or attempts to commit, or advocates, abets, advises or [incites, directly or knowingly facilitates] the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five yea The Act came into force on 30 Dec 1967.
1[18. Punishment for conspiracy, etc.--Whoever conspires or attempts to commit, or advocates, abets, advises or 2[incites, directly or knowingly facilitates] the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, 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 18, The Unlawful Activities (Prevention) Act, 1967 (Act 37 of 1967).
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.
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Asif Iqbal Tanha v. State of NCT of Delhi
Court's Decision & Legal Precedent
HC Final Order order-1.pdf 2021-06-15 DATE VERIFIED (exactly 1 order on the file). Crl.A. 39/2021. Siddharth Mridul / Anup Jairam Bhambhani. Leading HC construction of UAPA s.15 'terrorist act' vis-à-vis ordinary protest/rioting and public-order offences; s.18 conspiracy cannot be invoked without s.15 ingredients. Appeal is under NIA Act s.21(4) as the vehicle — do not pad NIA 21 (Thwaha skip). Do not pad UAPA 10/13/38/39/43D (Thwaha/Najeeb/Arup filled). Do not pad 16 (punishment follows 15) or 17 (fundraising not isolated) or 20.
On this section: UAPA s.18 conspiracy/attempt/abetment of a terrorist act cannot be invoked unless the ingredients of s.15 are made out (Asif Iqbal Tanha, Delhi HC).
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Feroz Ahmad Zargar vs Union Territory of Jammu & Kashmir
Court's Decision & Legal Precedent
A criminal court does not have inherent jurisdiction to recall or review its own final orders. Once a court has signed its judgment or final order disposing of a case, it cannot alter or review the same except to correct clerical or arithmetical errors as provided in Section 362 of the Code of Criminal Procedure. When a party is aggrieved by a trial court order, the proper remedy is to challenge it before a superior forum (High Court), not to seek recall from the trial court itself. The fact that a judgment relied upon by the trial court has been stayed by a higher court does not confer upon the trial court the power to review its own orders.
On this section: Petitioners were charged under various sections of UAPA. These charges formed the basis of the criminal trials in which custody directions were issued.
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Javaid Ahmad Bhat vs Union Territory Of Jammu And Kashmir
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 conspiracy to commit terrorist acts - punishable with imprisonment not less than 5 years but may extend to life imprisonment; falls under Chapter IV
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O. Samarjit Singh @ Naresh @ Kadeng vs The National Investigation Agency
Court's Decision & Legal Precedent
When a convict in a terrorism-related case has undergone substantial detention (more than 70% of the maximum sentence) and the appellate process is likely to be prolonged with no immediate prospect of final hearing, bail pending disposal of appeal may be granted, provided stringent conditions are imposed to ensure compliance and prevent flight or further criminal activity.
On this section: Offences related to unlawful activities and membership in terrorist organizations; appellant convicted under these sections
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.
- Tribunal Order Notification about Islamic Research Foundation(IRF)Notification 2017
- 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 14.05.2014Notification 2014
- Excercise of powers under section 7 and 8 by state Governments and UT AdministrationsNotification 2008
Questions about Section 18
What have the courts held on Section 18 of the Unlawful Activities (Prevention) Act?
Asif Iqbal Tanha v. State of NCT of Delhi (15 Jun 2021) is the leading judgment on this section among those set out below: UAPA s.18 conspiracy/attempt/abetment of a terrorist act cannot be invoked unless the ingredients of s.15 are made out (Asif Iqbal Tanha, Delhi HC). Another 3 judgments on this section are set out below. They run from 2018 to 2025.
How do I find court cases under Section 18 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 18, section 18 Uapa, section 18 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. 4 reported judgments on this section are set out on this page, beginning with Asif Iqbal Tanha v. State of NCT of Delhi (15 Jun 2021).
What should I read with Section 18 of the Unlawful Activities (Prevention) Act, and has it changed?
3 instruments name it without being made under it, most recently Tribunal Order Notification about Islamic Research Foundation(IRF) (2017), then 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 14.05.2014 (2014).
When did Section 18 of the Unlawful Activities (Prevention) Act come into force?
Section 18 of the Unlawful Activities (Prevention) Act, cited as Uapa 18, 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
- 2. Definitions888 words
- 43D. Modified application of certain provisions of the Code585 words
- 8. Power to notify places used for the purpose of an unlawful association570 words
- 7. Power to prohibit the use of funds of an unlawful association541 words
- 25. Powers of investigating officer and Designated Authority and appeal against order of Designated Authority498 words
- 15. Terrorist act423 words
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 14 Oct 2026. This page is not a substitute for legal advice.