1.What does the UAPA entail?
Ans: The dreaded Unlawful Activities Prevention Act, brought in by the UPA, implies
a) Longer detention
b) Jail the rule, bail is the exception
c) Presumption of guilt if slapped with terrorist act under Section 15
d) Offices of those charged can be sealed
e) Their properties can be attached
f) They have a duty to furnish all information related to the alleged offence
g) Their passports can be impounded
2. Can they be denied an FIR copy?
Ans. No.
Under Section 43B, which lays out the procedure of arrest, seizure, etc,
* Any officer arresting a person under section 43A shall, as soon as may be, inform him of the grounds for such arrest.
* Every person arrested and article seized under section 43A shall be forwarded without unnecessary delay to the officer-in-charge of the nearest police station.
* The authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the Code.
3. Is it a cognisable offence?
Ans: yes.
4. Will other CrPC provisions relating to arrests, searches and seizures apply?
Ans: Yes.
5. What will be the detention period under the law?
Ans: It could range from 90 normally to 180 days as an exception.
6. Can they be detained for a longer period?
Ans: If it is not possible to complete the investigation within ninety days, the court may if it is satisfied with the report of the Public Prosecutor indicating progress of investigation and specific reasons for detention of the accused beyond ninety days, extend the period up to 180 eighty days
7. What special powers do police have in UAPA?
Ans: Police can also seek any person from judicial custody and take him to police custody for investigation
8. What about bail?
Ans: They shall not be released on bail unless the Public Prosecutor has been heard; on perusal of 173 (CrPC) report, the court is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. These restrictions on granting of bail will be addition to the restrictions under the CrPC.
9. Is there a presumption of guilt?
Ans: Yes. In cases involving a terrorist act, the court shall presume, unless the contrary is shown, that the accused has committed such offence.
10. Are those charged under an obligation to furnish information?
Ans Yes, under Section 43F.
11.Is failure to furnish information a crime?
Ans: The failure to furnish the information called for or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
12. How long can they be jailed?
Ans: Depending on the sections that they are charged with they can be jailed for two years to a life term.
13. Can all members of a society/trust be punished?
Ans: Under Section 22B all of them can jointly and singularly be deemed guilty.
14. Is all intercepted electronic evidence admissible as evidence?
Ans: Yes. Provided that any interception or evidence shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding unless each accused has been furnished with a copy of the order of the competent authority, under which the interception was directed, not less than ten days before trial, hearing or proceeding.
This can though be waived by the judge trying the matter, if he comes to the conclusion that it was not possible to furnish the accused with such order ten days before the trial.
