UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT, 20081
[ACT NO. 35 OF 2008]
[31st December, 2008]
An Act further to amend the Unlawful Activities (Prevention) Act, 1967
Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-
Prefatory Note-Statement of Objects and Reasons
In view of the concerns and complaints expressed about the manner in which provisions of the Prevention of Terrorism Act, 2002 had been applied including instances of misuse, the Act was repealed in 2004. At the same time, keeping in view that India has been a front-runner in the global fight against terrorism, its commitments in terms of the United Nations Security Council Resolution, 1373 dated 28th September, 2001 and the resolve not to allow any compromise in the fight against terrorism, the Unlawful Activities (Prevention) Act, 1967 was amended to make provisions to deal with terrorism and terrorist activities.
There have been significant developments since then at the national and the international level. Terrorist incidents and activities sponsored from across the borders, in various parts of India and elsewhere, continue to cause concern. Hence, the legal framework for dealing with such activities, including measures related to financing of terrorism, has been further reviewed. The Administrative Reforms Commission in its Report ‘Combatting Terrorism-Protecting by Righteousness’, has also made various recommendations in this regard. Suggestions in this respect have also been received from various other sources.
After due consideration and examination of these recommendations and suggestions, the Government is of the view that further provisions are required to be made in the law to cover various facets of terrorism and terrorist activities, including financing of terrorism, which are not fully covered in the present law, and to make further provisions with the aim of strengthening the arrangements for speedy investigation, prosecution and trial of cases related to terrorism related offences, while at the same time ensuring against any possible misuse of such provisions.
These provisions are proposed to be incorporated in the Unlawful Activities (Prevention) Amendment Bill, 2008.
The Bill seeks to achieve the above objectives.
1. Received the assent of the President on December 31, 2008 and published in the Gazette of India, Extra., Part II, Section 1, dated 31st December, 2008, pp. 1-7, No. 44