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Section38
The Unlawful Activities (Prevention) Act, 1967

Offence relating to membership of a terrorist organisation

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 1

Section 38 of the Unlawful Activities (Prevention) Act, 1967 deals with offence relating to membership of a terrorist organisation. A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation: Provided that this sub-section shall not apply where the person charged is able to prove-- ( The Act came into force on 30 Dec 1967.

(1) A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation:

Provided that this sub-section shall not apply where the person charged is able to prove--

(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and

(b) that he has not taken part in the activities of the organisation at any time during its inclusion in the 1[First Schedule] as a terrorist organisation.

(2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.

Section 38, 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.

  1. 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 38 membership is attracted only if the accused associates or professes to associate with a terrorist organisation with intention to further its activities; mere association is not enough (Thwaha Fasal).

    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

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 38

What have the courts held on Section 38 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 38 membership is attracted only if the accused associates or professes to associate with a terrorist organisation with intention to further its activities; mere association is not enough (Thwaha Fasal).

How do I find court cases under Section 38 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 38, section 38 Uapa, section 38 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 Thwaha Fasal v. Union of India (28 Oct 2021).

What should I read with Section 38 of the Unlawful Activities (Prevention) Act, and has it changed?

One instrument names it without being made under it, most recently Declaring Islamic Research Foundation (IRF) as Unlawful Association (2016).

When did Section 38 of the Unlawful Activities (Prevention) Act come into force?

Section 38 of the Unlawful Activities (Prevention) Act, cited as Uapa 38, 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.