Unlawful Activities (Prevention) Amendment Act, 2019

The Unlawful Activities (Prevention) Amendment Act, 2019 amends the Unlawful Activities (Prevention) Act, 1967. The Act provides special procedures to deal with terrorist activities, among other things.

Provision

• Who may commit terrorism
• Approval for seizure of property by NIA
• Investigation by NIA
• Insertion to schedule of treaties

Provision in the Original Act

• Under the Act, the central government may designate an organisation as a terrorist organisation if it: (i) commits or participates in acts of terrorism, (ii) prepares for terrorism, (iii) promotes terrorism, or (iv) is otherwise involved in terrorism.
• Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be connected with terrorism.
• Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.
• The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties.

Amendment

• The government is additionally empowered to designate individuals as terrorists on the same grounds.
• If the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director General of NIA would be required for seizure of such property.
• The officers of the NIA, of the rank of Inspector or above, are additionally empowered to investigate cases.
• The International Convention for Suppression of Acts of Nuclear Terrorism (2005) is added to the list.