UAPA Sections 17, 18, 18A and 18B: Terror Funding, Conspiracy, Training Camps and Recruitment
Sections 17, 18, 18A and 18B of the Unlawful Activities (Prevention) Act, 1967 (UAPA) prescribe criminal liability for financing terrorist acts, conspiracy or facilitation, organising terrorist training camps and recruiting persons for terrorist acts.
Common punishment: Each of these four provisions carries imprisonment for not less than five years, which may extend to imprisonment for life, and liability to a fine. The ingredients of each offence are different and must be considered separately.
Section 17 - Punishment for raising funds for terrorist act
Section 17 addresses the financing of terrorism, including collection or provision of funds within India or abroad. The statutory scope includes funds from lawful or unlawful sources and covers attempted provision of funds.
Whoever, in India or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether from a legitimate or illegitimate source, from any person or persons, or attempts to provide to, or raises or collects funds for, any person or persons, knowing that such funds are likely to be used, in full or in part, by such person or persons or by a terrorist organisation, terrorist gang or individual terrorist to commit a terrorist act, commits the offence even if the funds are not actually used for that act.
Explanation (a): Participating, organising or directing any of these fundraising activities constitutes an offence.
Explanation (b): Fundraising includes raising, collecting or providing funds through the production, smuggling or circulation of high quality counterfeit Indian currency.
Explanation (c): Raising, collecting or providing funds in any manner for the benefit of, or to, an individual terrorist, terrorist gang or terrorist organisation for a purpose not specifically covered under section 15 is also an offence.
Punishment under Section 17
Imprisonment for a minimum of five years, extendable to life imprisonment, and fine.
The substituted provision and its explanation were introduced by Act 3 of 2013, section 6, effective 1 February 2013.
Section 18 - Punishment for conspiracy, etc.
This section applies to specified forms of involvement in the commission of a terrorist act, including acts preparatory to its commission. A completed terrorist act is not an express prerequisite for the conspiracy and preparatory conduct described here.
Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates, the commission of a terrorist act or any act preparatory to the commission of a terrorist act is punishable under section 18.
Punishment under Section 18
Imprisonment for a minimum of five years, extendable to life imprisonment, and fine.
The relevant wording on incitement, direction and knowing facilitation reflects the amendment made by Act 35 of 2008, section 7, effective 31 December 2008.
Section 18A - Punishment for organising of terrorist camps
Section 18A specifically penalises organising or causing camps to be organised for imparting training in terrorism.
Whoever organises or causes to be organised any camp or camps for imparting training in terrorism is punishable under section 18A.
Punishment under Section 18A
Imprisonment for a minimum of five years, extendable to life imprisonment, and fine.
Section 18A was inserted by Act 35 of 2008, section 8, effective 31 December 2008.
Section 18B - Punishment for recruiting persons for terrorist act
Section 18B deals with recruiting, or causing another person to be recruited, for the commission of a terrorist act.
Whoever recruits or causes to be recruited any person or persons for commission of a terrorist act is punishable under section 18B.
Punishment under Section 18B
Imprisonment for a minimum of five years, extendable to life imprisonment, and fine.
Section 18B was inserted by Act 35 of 2008, section 8, effective 31 December 2008.
Official legislation and updates
- India Code - Unlawful Activities (Prevention) Act, 1967 (sections and schedules).
- India Code - consolidated UAPA text (PDF).
- Ministry of Home Affairs - UAPA Acts, amendments and rules.
Statutory descriptions above are presented in reader-friendly form. In case of doubt, the enacted text and applicable amendments or notifications govern.