UAPA

Union of India vs Barakatullah 2024 INSC 452 -S 18 UAPA – Bail – CrPC

May 22, 2024 / By

Unlawful Activities (Prevention) Act, 1957; Section 18– For the purpose of considering the offence under Section 18, the commission of terrorist act as contemplated in Section 15 of UAPA is not required to be made out. What Section 18 contemplates is that whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly …

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Prabir Purkayastha vs State (NCT Of Delhi) 2024 INSC 414 – Article 22(1) Constitution – Written Grounds Of Arrest – UAPA –

May 15, 2024 / By

Constitution of India, 1950; Article 22(1) – Any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have …

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State Of West Bengal vs Jayeeta Das 2024 INSC 313 – NIA Act – UAPA

April 18, 2024 / By

National Investigation Agency Act, 2002; Section 22– State of West Bengal has so far not exercised the power conferred upon it by Section 22 of the NIA Act for constituting a Special Court for trial of offences set out in the Schedule to the NIA Act and hence, the Sessions Court within whose jurisdiction, the …

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Shoma Kanti Sen vs State Of Maharashtra 2024 INSC 269 :: [2024] 4 S.C.R. 270 – UAPA – Bail

May 13, 2024 / By

Unlawful Activities (Prevention) Act, 1967; Section 15 – Sub-section (1) of Section 15 refers to certain acts which would constitute a terrorist act but the first part of sub-section (1) of Section 15 cannot be read in isolation. In our reading of the said provision of the statute, to qualify for being a terrorist act, …

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Mazhar Khan vs NIA SLP(Crl) 14091 Of 2023 – S 43D(5) UAPA – Bail

February 26, 2024 / By

Unlawful Activities (Prevention) Act, 1967; Section 43D(5) – the Court must be satisfied that there are reasonable grounds for believing the accusation against the accused are prima facie, not true – Referred to National Investigation Agency Vs. Zahoor Ahmad Shah Watali reported in 2019(5) SCC 1

Gurwinder Singh vs State Of Punjab 2024 INSC 92 :: [2024] 2 S.C.R. 134- S 43D(5) UAPA – Test For Rejection Of Bail

February 16, 2024 / By

Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(5) -The conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favour of the oft-quoted phrase – ‘bail is the rule, jail is the exception’ – unless circumstances justify otherwise – does not find any place while dealing with …

Gurwinder Singh vs State Of Punjab 2024 INSC 92 :: [2024] 2 S.C.R. 134- S 43D(5) UAPA – Test For Rejection Of Bail Read More »

Mazhar Khan vs NIA New Delhi – S 43D(5) UAPA – Bail

February 1, 2024 / By

Unlawful Activities (Prevention) Act, 1967 ; Section 43D(5) – The Court must be satisfied that there are reasonable grounds for believing the accusation against the accused are prima facie, not true – National Investigation Agency Vs. Zahoor Ahmad Shah Watali reported in 2019(5) SCC 1 – Dismissed bail plea of UAPA Accused.

State of NCT of Delhi vs Raj Kumar @ Lovepreet @ Lovely 2024 INSC 11 – S 43D(2)(b) UAPA

February 4, 2024 / By

Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(2)(b) – The extension for investigation could be granted up to a maximum period of 180 days for the following reasons: Completion of the investigation; Progress in the investigation was explained; and Specific reasons for detention beyond a period of 90 days – In this case, the …

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