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Polity, Governance and Current Affairs

Key Laws for Internal Security

Internal Security: Threats, Forces, Agencies, Challenges

Paper III · Unit 1 Section 7 of 13 0 PYQs 27 min

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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)