Declaration of an association as unlawful
Section 3 of the Unlawful Activities (Prevention) Act, 1967 deals with declaration of an association as unlawful. If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful. The Act came into force on 30 Dec 1967.
(1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful.
(2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary:
Provided that nothing in this sub-section shall require the Central Government to disclose any fact which it considers to be against the public interest to disclose.
(3) No such notification shall have effect until the Tribunal has, by an order made under section 4, confirmed the declaration made therein and the order is published in the Official Gazette:
Provided that if the Central Government is of opinion that circumstances exist which render it necessary for that Government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have effect from the date of its publication in the Official Gazette.
(4) Every such notification shall, in addition to its publication in the Official Gazette, be published in not less than one daily newspaper having circulation in the State in which the principal office, if any, of the association affected is situated, and shall also be served on such association in such manner as the Central Government may think fit and all or any of the following modes may be followed in effecting such service, namely:—
(a) by affixing a copy of the notification to some conspicuous part of the office, if any, of the association; or
(b) by serving a copy of the notification, where possible, on the principal office-bearers, if any, of the association; or
(c) by proclaiming by beat of drum or by means of loudspeakers, the contents of the notification in the area in which the activities of the association are ordinarily carried on; or
(d) in such other manner as may be prescribed.
Section 3, 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
Referred to by 6
- s. 4 Reference to Tribunal
- s. 6 Period of operation and cancellation of notification
- s. 7 Power to prohibit the use of funds of an unlawful association
- s. 8 Power to notify places used for the purpose of an unlawful association
- s. 10 Penalty for being member of an unlawful association, etc
- s. 13 Punishment for unlawful activities
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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The State Nct of Delhi Home Department Secretary vs Abdul Baki Mandal
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 interpreted Section 3 to clarify that when an association is declared unlawful by notification issued under this section, which becomes effective under sub-Section (3), the declaration triggers criminal liability for members
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
29 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- Central Government hereby directs Government of Jammu and Kashmir to exercise in respect of Jamaat-e-Islami (JeI) as an Unlawful AssociationNotification 2019
- 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 AssociationNotification 2019
- Jamaat-e-Islami (JeI), Jammu and Kashmir declared as an unlawful associationNotification 2019
- Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction) as an Unlawful associationNotification 2019
- Liberation Tigers of Tamil Eelam declared as an Unlawful associationNotification 2019
- Unlawful Activities (Prevention) Tribunal Order dated 6.11.2019 confirming the Liberation Tigers of Tamil Eelam (LTTE) as an unlawful association w.e.f. 14.05.2019Notification 2019
- Tribunal Order Notification about Islamic Research Foundation(IRF)Notification 2017
- Declaring Islamic Research Foundation (IRF) as Unlawful AssociationNotification 2016
- UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL declaring National Socialist Council of Nagaland (Khaplang) an Unlawful AssociationNotification 2016
- National Socialist Council of Nagaland (Khaplang) declared as an Unlawful AssociationNotification 2015
- Declaration of Hynniewtrep National Liberation Council of Meghalaya its various wings as unlawfulNotification 2014
- Declaration of National Drmocratic Front of Boroland(NDFB) of Assam as unlawfulNotification 2014
- Declaring National Liberation Front of Asom(ULFA) of Assam as unlawfulNotification 2014
- Proscription of LTTE as Unlawful AssociationNotification 2014
- 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 agentsNotification 2014
- 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
- Declaration of Meitei Extremists Organisations, viz, PLA, PREPAK, KCP, KYKL and MPLF as unlawfulNotification 2013
- 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 unlawfulNotification 2013
- Declaration of National Liberation Front of Tripura(NLFT) and the All Tripura Tiger Force (ATTF) as unlawfulNotification 2013
- Declaration of the National Liberation Front of Tripura (NLFT) and the All Tripura Tiger Force (ATTF) of Tripura and their various wings as unlawful associationsNotification 2013
- Declaration of Hynniewtrep National Liberation Council of Meghalaya and its various wings as unlawful associationsNotification 2012
- Declaration of United Liberation Front of Asom (ULFA) of Assam as unlawfulNotification 2012
- National Democratic Front of Boroland (NDFB) as an unlawful associationNotification 2012
- S.O. 1062 (E) - The Liberation Tigers of Tamil Eelam declared as a unlawful associationNotification 2012
- Tribunal under the Unlawful Activities (Prevention) Act, 1967 in High Court of Delhi, in the matter of Liberation Tigers of Tamil Eleam (LTTE)Notification 2012
- United Liberation Front of Asom (ULFA) alongwith all its factions, wings and front organizations as unlawful associationsNotification 2012
- Declaring SIMI as unlawful associationNotification 2010
- Declaring SIMI as unlawful associationNotification 2008
- Excercise of powers under section 7 and 8 by state Governments and UT AdministrationsNotification 2008
Another 6 instruments name this provision in its title or its text without being made under it.
- Constitution of Tribunal for the purpose of adjudicating whether Jamaat-e-Islami (JeI), Jammu and Kashmir as an unlawfulNotification 2019
- Notification regarding Rules to amend Procedure for Admission and Disposal of Application Rules, 2004.Rule 2019
- Investigation of High Quality Counterfeit Indian Currency Offences Rules, 2013Rule 2013
- Corrigendum to Notification dated 5.2.2010Notification 2010
- The Unlawful Association (Prevention) Tribunal order dated 27.02.2008 consisting of Mr. Justice Mukul Mudgal, declaring Deendar Anjuman as an Unlawful AssociationNotification 2008
- The Unlawful Activities (Prevention) Rules, 1968 (English)Rule 1968
Questions about Section 3
What have the courts held on Section 3 of the Unlawful Activities (Prevention) Act?
The State Nct of Delhi Home Department Secretary vs Abdul Baki Mandal (21 Sep 2023) is the leading judgment on this section among those set out below: The Court interpreted Section 3 to clarify that when an association is declared unlawful by notification issued under this section, which becomes effective under sub-Section (3), the declaration triggers criminal liability for members.
How do I find court cases under Section 3 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 3, section 3 Uapa, section 3 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. 1 reported judgment on this section is set out on this page, beginning with The State Nct of Delhi Home Department Secretary vs Abdul Baki Mandal (21 Sep 2023).
What should I read with Section 3 of the Unlawful Activities (Prevention) Act, and has it changed?
Its own text turns on section 4 (Reference to Tribunal), so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 29: most recently Central Government hereby directs Government of Jammu and Kashmir to exercise in respect of Jamaat-e-Islami (JeI) as an Unlawful Association (2019), then 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 Association (2019), and 27 more.
When did Section 3 of the Unlawful Activities (Prevention) Act come into force?
Section 3 of the Unlawful Activities (Prevention) Act, cited as Uapa 3, 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 15 Oct 2026. This page is not a substitute for legal advice.