UAPA Sections 19, 20, 21 and 22: Offences, Meaning and Punishments
Sections 19 to 22 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) address knowingly harbouring a terrorist, membership of a terrorist gang or organisation involved in terrorist acts, knowingly holding proceeds of terrorism, and threatening witnesses. The provisions fall under Chapter IV, concerning punishment for terrorist activities.
Punishments at a glance
| Provision | Conduct | Statutory punishment |
|---|---|---|
| Section 19 | Knowingly harbouring or concealing a terrorist | 3 years to life imprisonment and fine; statutory spouse exception |
| Section 20 | Membership of terrorist gang or organisation involved in a terrorist act | Up to life imprisonment and fine |
| Section 21 | Knowingly holding proceeds of terrorism | Up to life imprisonment and fine |
| Section 22 | Threatening or unlawfully interfering with a witness | Up to 3 years imprisonment and fine |
Meaning and scope of the provisions
Harbouring in section 19 concerns voluntarily sheltering or concealing, or attempting to shelter or conceal, a person with knowledge that the person is a terrorist. The express proviso excludes harbouring or concealment by the offender's spouse.
Membership under section 20 concerns a terrorist gang or terrorist organisation involved in a terrorist act. The legal assessment of membership, involvement, evidence and intent depends on the statutory context and applicable judicial interpretation; mere association should not be treated as a substitute for proving the charged offence.
Proceeds of terrorism under section 21 concerns property derived or obtained from a terrorist act or acquired through a terrorist fund, where the holder acts knowingly. Section 2 of the UAPA supplies relevant definitions, including terrorist act, terrorist organisation and proceeds of terrorism.
Threatening witnesses under section 22 includes threats of violence, wrongful restraint or confinement, and other unlawful acts done with the stated intent, extending to persons in whom the witness may be interested.
Text of Sections 19 to 22
The following preserves the operative statutory wording and historical amendment notes appearing in the source page. For amendments, schedules and notifications, consult the current official Act.
Section 19 Punishment for harbouring, etc
19. Punishment for harbouring, etc. -Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine:
Provided that this section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.]
1. Subs. by s. 7, ibid., for Chapter IV (w.e.f. 21-9-2004).
Section 20 Punishment for being member of terrorist gang or organisation
20. Punishment for being member of terrorist gang or organisation. -Any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.]
1. Subs. by s. 7, ibid., for Chapter IV (w.e.f. 21-9-2004).
Section 21 Punishment for holding proceeds of terrorism
21. Punishment for holding proceeds of terrorism. -Whoever knowingly holds any property derived or obtained from commission of any terrorist act or acquired through the terrorist fund shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.]
1. Subs. by s. 7, ibid., for Chapter IV (w.e.f. 21-9-2004).
Section 22 Punishment for threatening witness
Whoever threatens any person who is a witness or any other person in whom such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other person in whom the witness may be interested, or does any other unlawful act with intent to cause any of the said acts, shall be punishable with imprisonment which may extend to three years, and shall also be liable to fine.
Related provisions and official references
These offences should be read with sections 15 and 16 (terrorist act and punishment), sections 17, 18, 18A and 18B (financing, conspiracy, training camps and recruitment), and the UAPA's definitions, procedural safeguards and relevant rules. Related sections 38 to 40 separately address membership, support and funding involving terrorist organisations.
Official texts and updates: India Code - Unlawful Activities (Prevention) Act, 1967; India Code Act PDF; Ministry of Home Affairs - Acts and amendments. Check the applicable text and notifications for the relevant date of an alleged offence.