Unlawful Activities (Prevention) Act, 1967

This was enacted to make provisions to more effective prevention of Individual’s and associations’ certain unlawful activities. The Act was amended by the Unlawful Activities (Prevention) Amendment Act, 2004 and also the Amending Act of 2008 for adding in its long title, the object of dealing with the Terrorist Activities. The said amendments were made in pursuance with the Resolutions of the Security Council of the United Nations requiring all the States to take measures and actions against terrorism. The provisions of the Act extended to the whole of India. As the applicability of the provisions of the Act to persons are concerned, the section 1 itself says that all persons who commits any act or omission which is contrary to the provisions of this Act, should be held guilty in India, and be punished under this Act. Even commission of such acts or omission contrary to the provisions of this Act out side India, is also to be treated, as the same has been committed in India. So, declaring NSCN-K will help India to capture K.K Khaplang who is hiding in Myanmar.

Section 10: section 10 as amended by the Amending Act of 2004, provides that if any person from the association after being declared as unlawful under this Act, continues to be a member thereof, takes part in its meetings, makes contribution of any kind for its purposes or otherwise acted in the manner as provided under the provision, then he should be held guilty under the Act, and punishment can extend to life imprisonment and should not be below 5 years imprisonment along with fine. Similarly, the punishment for dealing with funds of the unlawful association is upto 3 years imprisonment and fine also.

Section 15: Section 15 of the Act defines the terrorist act as an act done with intent to threaten or likely to threaten the unity, integrity, security, etc. of India by using various destructive substances provide under the provision. The punishment for such acts, is death penalty, if the same results in death of any persons and in other cases, the punishment can extend to life imprisonment and minimum 5 years punishment is given. Similarly, there are different punishments provided for other relevant terrorist acts.

By: Parveen bansal