Cognizance of offences

In force From 30 Dec 1967 Act 37 of 1967 As on 14 Oct 2026

Act 37 of 1967 Ministry Home Affairs Enacted 30 Dec 1967 In force 30 Dec 1967 Cited by 1 provision Instruments 4

Section 45 of the Unlawful Activities (Prevention) Act, 1967 deals with cognizance of offences. ] No court shall take cognizance of any offence-- (i) under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf; The Act came into force on 30 Dec 1967.

¹[(1)] No court shall take cognizance of any offence--
(i) under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf;
(ii) under Chapter IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and ²[if] such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.
³[(2) Sanction for prosecution under sub-section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation, within such time as may be prescribed, to the Central Government or, as the case may be, the State Government.]
Section 45, 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.

Referred to by 1

s. 52 Power to make rules

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.

Kabil Khan @ Sayeed Khan & Ors. v. State of Rajasthan

High Court 30 Oct 2018 Persuasive (High Court) Reportable CRLAD No. 52/2018 (with connected appeals); Final Order 30.10.2018

Court's Decision & Legal Precedent

UAPA s.45(1)(i) requires Central Government sanction for cognizance of Chapter III offences; State Government sanction is invalid for those offences — conviction under s.13 set aside for want of Central sanction. Other UAPA convictions (ss.17/18/18B/20) sustained on evidence; sentences moderated. DATE VERIFIED Final Order 2018-10-30 (order-5.pdf).

On this section: s.45 — Cognizance of offences; Central vs State sanction for Chapter III

Read the full order on eCourts India
Oinam Lukhoi Singh vs The State of Manipur

High Court 22 Feb 2022 Persuasive (Other High Court)

Court's Decision & Legal Precedent

For an accused to be prosecuted under Section 19 of the Unlawful Activities (Prevention) Act, 1967 for harboring a terrorist, there must be: (1) Knowledge that the person is a terrorist; (2) Intention to help the person evade apprehension; and (3) Actual harboring, concealment, or attempt to harbor or conceal. Merely giving a lift to an unknown person without knowledge of their terrorist connections and without any attempt to help them evade apprehension does not constitute the offense. Similarly, for Section 39 of UAPA to apply, the support must be within the meaning of clauses (a), (b), or (c) of Section 39(1) and must be done with the intention to further the activities of a terrorist organization. Confessional statements made to police without the presence of a Magistrate are inadmissible under Sections 25 and 26 of the Indian Evidence Act and cannot form the basis of prosecution. The confession of a co-accused cannot be treated as substantive evidence against another accused unless the other evidence adduced by the prosecution is satisfactory and the co-accused's confession is used only as corroborative evidence. When no prima facie case is made out and the proceedings have been pending for an unreasonable period without progress, the High Court should exercise its inherent powers under Section 482 CrPC to quash the FIR.

On this section: Requires prosecution sanction by the State Government for filing charge sheet in cases under UAPA, which was pending in this case.

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 states 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.

The Unlawful Activities (Prevention) (Recommendation and Sanction of Prosecution) Rules, 2008 (English & Hindi)Rule 2008

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

All subordinate legislation

Questions about Section 45

What have the courts held on Section 45 of the Unlawful Activities (Prevention) Act?

Kabil Khan @ Sayeed Khan & Ors. v. State of Rajasthan (30 Oct 2018) is the leading judgment on this section among those set out below: s.45 — Cognizance of offences; Central vs State sanction for Chapter III. Another 1 judgment on this section is set out below. They run from 2018 to 2022.

How do I find court cases under Section 45 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 45, section 45 Uapa, section 45 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 Kabil Khan @ Sayeed Khan & Ors. v. State of Rajasthan (30 Oct 2018).

What should I read with Section 45 of the Unlawful Activities (Prevention) Act, and has it changed?

1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently The Unlawful Activities (Prevention) (Recommendation and Sanction of Prosecution) Rules, 2008 (English & Hindi) (2008).

When did Section 45 of the Unlawful Activities (Prevention) Act come into force?

Section 45 of the Unlawful Activities (Prevention) Act, cited as Uapa 45, 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 14 Oct 2026. This page is not a substitute for legal advice.