No bail will be granted to a person arrested under the Unlawful Activities (Prevention) Amendment Act.

A Bill in this regard, introduced in the Lok Sabha, says such person will not be released on bail unless the public prosecutor has been given an opportunity of being heard on the application of such release.

Bail will also not be granted to a person accused of an offence punishable under the Act, if he is not an Indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing.

Every offence punishable under the Act will be deemed to be a cognizable offence.

The police officer investigating the case can seek police custody of the accused lodged in jail.

The Court can extend the detention of the accused to 180 days if the investigations are not completed in the stipulated 90 days.

The Bill also provides for a minimum of five year imprisonment for raising funds for a terrorist act.

Proceeds of terrorism, whether held by a terrorist or by any other person and whether or not he is prosecuted or convicted, will be liable to be forfeited to the Central Government or the State Government.

The investigating officer may seize and detain any cash if he has reasonable ground for suspecting that it is intended to be used for terrorism or it forms the whole or part of the resources of a terrorist organisation.

The Bill, introduced by Home Minister P Chidambaram along with the Bill to set up a National Investigating Agency, also provides for a minimum of five year imprisonment, which may extend to life imprisonment, for organising terrorist camps and for recruiting anyone for terrorist act.

A five year imprisonment will also be given for conspiring or attempting to commit, or advocating abetting, advising or inciting or knowingly facilitating the commission of a terrorist act or any act preparatory to the commission of a terrorist act.

A similar punishment will also be handed out to any person, who with the intent of aiding any terrorist, contravenes any provision of the Explosive Act or the Explosive Substances Act or the Inflammable Substances Act or the Arms Act or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable of mass destruction or biological or chemical substance of warfare.


on 18 December 2008
Published in Constitutional Law
Source : UNI,


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