Why in the news?
- Reports against NewsClick: According to the NewsClick Federal Investigation Report, the company received illicit funds from China via the United States.
- Provisions of the Unlawful Activities (Prevention) Act (UAPA): The Federal Bureau of Investigation (FIR) makes reference to multiple sections of the UAPA, primarily to Section 16, which addresses the penalties for terrorist acts.
Understanding UAPA Provisions
*Section 15 – Definition of “Terrorist Act”
- The UAPA’s Section 15 defines “terrorist act” and stipulates minimum five-year to life imprisonment. When an act results in death, the penalty is either death or life in jail.
- Acts of a grave and violent nature that could jeopardize India’s sovereignty, unity, integrity, security, or economy are included in this section.
- It include acts like utilizing explosives, causing property damage or fatalities, stopping vital services, and undermining the stability of the currency through counterfeiting.
Other UAPA Provisions Invoked
- Unlawful conduct (Section 13): This section addresses unlawful conduct and their repercussions.
- The topic of raising money for terrorist acts is covered in Section 17: Raising Funds for Terrorist Acts.
- Section 18: Conspiracy: Terrorist act-related conspiracy is covered in this section.
- Section 22(C) – Offenses by Companies, Trusts: This section addresses offenses carried out by trusts and companies.
- Cited sections of the IPC: IPC sections 120B (criminal conspiracy) and 153 A (promoting hatred between different communities) are also included in the FIR.
Understanding the UAPA Framework
- Distinctive Criminal Law Framework: The UAPA offers a criminal law framework that is distinct from the fundamental ideas of criminal law.
- Enhanced State Powers: The UAPA gives the state more authority than the Indian Penal Code (IPC).
- Bail Provisions: The UAPA loosens the deadlines for the state to file chargesheets while imposing strict bail requirements.
- Refusing Bail: The court must present a “prima facie” case against the accused in order to refuse bail under the UAPA.
- Prima Facie Definition: The Supreme Court provided a restricted definition of “prima facie” in 2019, holding that the court must take the “totality of the case” as put out by the state rather than examining the facts or evidence.
- Paragraph 43D(5): According to this clause, if the Public Prosecutor hasn’t been consulted regarding the application for release, a person who is charged with a crime under Chapters IV or VI of the UAPA will not be released on bail or their own bond.
- Opinion of the Court: If the court determines that there are good reasons to suspect that the charges against the accused are initially accurate, it may refuse to grant bail.
Conclusion
- The FIR against NewsClick under the UAPA underscores the seriousness of the allegations and the complex legal framework surrounding such cases.
