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Adv. Nadeem Shaikh (Advocate)     19 August 2013

Unlawful activities prevention act, 1967

Dear Members,

1) Please help me out with some case laws on section 45 of the Unlawful Activities Prevention Act, 1967.

2) What amounts to UNLAWFUL ASSEMBLY under the said act?

3) What are the ingredients of Section 10 and 13 of the said Act?

Please support your answers with case laws.

Appreciate your valuable time and opinion.

Regards,

Adv. Nadeem Shaikh

P.S.: i have gone through indiankanoon.org so please dont ask me again to do that.



 2 Replies

Suri.Sravan Kumar (senior)     19 August 2013

Section 3. Declaration of an Association as unlawful

(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 subsection 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 mode 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 loud-speakers, the contents of the notification in area in which the activities of the association are ordinarily carried on; or

(d) In such other manner as may be prescribed.

Section 10. Penalty for being members of an unlawful association

1[Where an association is declared unlawful by a notification issued under Section 3 which has become effective under sub-section (3) of that section,-

(a) a person, who-

(i) is and continues to be a member of such association; or

(ii) takes part in meetings of such association; or

(iii) contributes to, or receives or solicits any contribution for the purpose of, such association; or

(iv) in any way assists the operations of such association,

shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine; and

(b) a person, who is or continues to be a member of such association, or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes significant damage to any property,-

(i) and if such act has resulted in the death of any person, shall be punishable with death or imprisonment for life, and shall also be liable to fine;

(ii) in any other case, 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 13. Punishment for unlawful activities

(1) Whoever-

(a) Takes part in or commits, or

(b) Advocates, abets, advices or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term, which may extend to seven years, and shall also be liable to fine.

(2) Whoever, in any way, assists any unlawful activity of any association, declared unlawful under Section 3, after the notification by which it has been so declared has become effective under sub-section (3) of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

(3) Nothing in this section shall apply to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations therefor carried on by any person authorised in this behalf by the Government of India

Suri.Sravan Kumar (senior)     19 August 2013

pl check the following citations

1.R.K.Krishna Kumar & Anr V/S State Of Assam & Ors criminal appeal no 1157-1160 of 1997 date of judgement 3.12.1997.

2.Sayed Mohd. Ahmed Kazmi vs State, Gnctd & OrsCRIMINAL APPEAL NOS.1695-1697 OF 2012 date of judgement 19/10/2012


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