Why in News?
The Supreme Court criticised the Assam Police for keeping an Unlawful Activities (Prevention) Act (UAPA)-accused in custody for two years without filing a chargesheet, terming it “illegal custody” and “wholly unjustified.” The Court granted bail to the accused.
Description:
What is UAPA?
- The Unlawful Activities (Prevention) Act was first enacted in 1967 to address anti-national activities and secessionist movements in India. It was passed after the peasants’ uprising in Naxalbari. Also known as India’s “Anti-terror law,”.
Legal Framework: Chargesheet Timeline Under UAPA
1. Standard Period (CrPC)
- 60 days → for offences punishable ≤10 years.
- 90 days → for offences punishable >10 years / life.
2. Under UAPA – Section 43D (2)
- Investigation period can be extended up to 180 days (instead of 90 days).
- Requirement: Judicial order based on reasons recorded and Public Prosecutor’s report showing progress of investigation.
3. Beyond 180 days?
- No extension is allowed beyond 180 days except through explicit judicial approval under 43D(2)(b).
- Detention becomes illegal if chargesheet is not filed within statutory limit.
Key Terms:
- UAPA (1967): India’s primary anti-terror law, aimed at preventing unlawful & terrorist activities.
- Default Bail: Right to bail when chargesheet is not filed within statutory time.
- Chargesheet: Final police report under CrPC indicating completion of investigation.
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