UAPA Sections Invoked Against NewsClick

October 5, 2023

The online news portal, NewsClick, is under scrutiny due to allegations of receiving illegal funding. These funds are believed to have been routed through China and the United States. The allegations have led to the registration of an FIR (First Information Report).

Key UAPA Sections Invoked

The FIR filed against NewsClick involves the use of various sections of the Unlawful Activities (Prevention) Act (UAPA). Among these, Section 16 plays a significant role. This section deals with the punishment for terrorist acts.

Understanding Section 16

Section 16 of the UAPA defines and penalizes “terrorist acts.” Those found guilty of committing such acts can face severe consequences. The penalties include imprisonment for a minimum of five years, extending to life imprisonment. In cases where the terrorist act leads to death, the punishment may even be death itself or life imprisonment.

What Constitutes a “Terrorist Act”

A “terrorist act” includes covers acts carried out with the intent to threaten or likely threaten India’s:

Unity
Integrity
Security
Economic security
Sovereignty

Additionally, the provision addresses acts aimed at striking terror or likely to strike terror among people, whether in India or in any foreign country.

Details of Terrorist Acts

The types of activities that fall under “terrorist acts”:

Use of explosives like bombs and dynamite
Causing death or causing loss, damage, or destruction of property
Disruption of essential supplies or services vital to the community’s life in India
Damage to India’s monetary stability, including production, smuggling, or circulation of high-quality counterfeit currency or coin

Other UAPA Provisions and IPC Sections

Apart from Section 16, NewsClick faces allegations under various other provisions of the UAPA, including Sections 13 (unlawful activities), 17 (raising funds for terrorist acts), 18 (conspiracy), and 22(C) (offences by companies and trusts). Additionally, certain sections of the Indian Penal Code (IPC) are also invoked, including Sections 153A (promoting enmity between different groups) and 120B (criminal conspiracy).

Understanding the UAPA Framework

The Unlawful Activities (Prevention) Act, or UAPA, provides an alternative legal framework for handling cases related to unlawful activities and terrorism. This framework differs from the general principles of criminal law.

Stringent Bail Conditions and Timelines

Under the UAPA, the state has more authority compared to the Indian Penal Code (IPC). The UAPA allows relaxed timelines for the state to file chargesheets and imposes stringent conditions for bail.

Test for Denying Bail

One of the key aspects is the test for denying bail. Courts must be satisfied that a “prima facie” case exists against the accused. However, this definition is narrowly construed to mean that courts should not extensively analyze evidence or circumstances but consider the totality of the case presented by the state.

Section 43D(5) – Bail Provision

Section 43D(5) of the UAPA outlines strict conditions for bail. It states that a person accused of an offence punishable under Chapters IV and VI of the Act shall not be released on bail or on their own bond if the court, upon reviewing the case diary or report, believes there are reasonable grounds to believe that the accusation against the person is prima facie true.

« Previous Post Next Post »