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Key Laws for Internal Security
6.1 UAPA (Unlawful Activities Prevention Act)
Unlawful Activities (Prevention) Act, 1967 is India's primary anti-terrorism and anti-secessionism legislation. Key provisions:
- Section 15: Definition of terrorist act — violence/property damage intended to threaten India's unity, integrity, security, or economic security, or create terror in the public
- Section 16–18: Offences of committing/facilitating/conspiring terrorist acts — punishment up to life imprisonment or death (where acts cause death)
- Section 35–36: Power to designate organisations as terrorist organisations (Schedule IV)
- 2019 Amendment — Section 35(1)(a): Power to designate individuals as terrorists (First Schedule) — without trial
Key Designated Organisations under UAPA
Lashkar-e-Toiba, Jaish-e-Mohammed, Hizbul Mujahideen, Al-Qaeda, ISIS, SIMI (Students' Islamic Movement of India), CPI (Maoist), ULFA (I), NSCN (K-YA), Babbar Khalsa International.
Controversies
- Bail is nearly impossible under UAPA (SC in NIA v. Zahoor Ahmad Shah Watali (2019) held bail should not be granted unless the court is satisfied the accusation is prima facie not true)
- 2019 individual designation provision used against Masood Azhar, Hafiz Saeed (international designation) but critics say it could be misused domestically
- UAPA cases against civil society activists (Bhima Koregaon case, Hathras case) — Supreme Court scrutiny
6.2 Other Key Internal Security Laws
| Law | Year | Purpose |
|---|---|---|
| AFSPA (Armed Forces Special Powers Act) | 1958 | Special powers to Army/CAPFs in disturbed areas |
| NSA (National Security Act) | 1980 | Preventive detention for security reasons — up to 12 months |
| MCOCA (Maharashtra Control of Organised Crime Act) | 1999 | Organised crime control (Maharashtra + some other states) |
| NIA Act | 2008 | Establishment and powers of NIA |
| IT Act 2000 (Section 66F) | 2008 | Cyber terrorism (added by 2008 amendment) |
| Disaster Management Act | 2005 | NDMA, NDRF establishment |
| Explosive Substances Act | 1908 | IED-related offences (NIA investigates) |
