Section3
The Unlawful Activities (Prevention) Act, 1967

Declaration of an association as unlawful

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 Cited by 6 provisions Instruments 35

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.

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. 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 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

    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

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.

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

All subordinate legislation

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

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.