UAPA Sections 28, 29, 30, 31 and 32: Appeals, Claims and Forfeiture of Property
Sections 28 to 32 of the Unlawful Activities (Prevention) Act, 1967 regulate appeals against forfeiture, the effect of forfeiture on other punishments, objections by third parties, powers of the Designated Authority and transfers of property during forfeiture proceedings.
These provisions form part of Chapter V: Forfeiture of Proceeds of Terrorism or Any Property Intended to Be Used for Terrorism. They should be read alongside sections 24, 24A and 25 and sections 26 and 27, which address the scope of proceeds of terrorism, seizure, attachment, forfeiture and notice.
Section 28: Appeal
Section 28(1). A person aggrieved by a forfeiture order under section 26 may appeal to the High Court within whose jurisdiction the court making the order is situated. The appeal must be made within one month from receipt of the forfeiture order.
Section 28(2). If the High Court modifies or annuls the section 26 order, or if the person against whom forfeiture was ordered is acquitted in a prosecution under Chapter IV or Chapter VI, the forfeited property must be returned. If return is impossible, the person must receive its price, determined as prescribed as though sold to the Central Government, together with reasonable interest calculated from the date of seizure.
Section 29: Order of forfeiture not to interfere with other punishments
Forfeiture ordered by the court under Chapter V does not prevent the imposition of other punishments for which the affected person is liable under Chapter IV (punishment for terrorist activities) or Chapter VI (terrorist organisations).
Accordingly, forfeiture of proceeds of terrorism and criminal punishment are distinct legal consequences; one does not automatically replace the other.
Section 30: Claims by third party
Section 30(1). A third party may claim or object to seizure or attachment of property under section 25 on the ground that it is not liable to seizure or attachment. The Designated Authority before which the property is produced must investigate the claim or objection, unless it considers that the objection is designed to cause unnecessary delay.
Section 30(2). Where an appeal has been filed under section 25(6), and a claimant or objector establishes that the property specified in the notice issued under section 27 is not liable to forfeiture under Chapter V, that notice must be withdrawn or modified accordingly.
Section 31: Powers of Designated Authority
When acting under Chapter V, the Designated Authority has all powers of a civil court required to conduct a full and fair inquiry into the matter before it. These powers support examination of disputes concerning seizure, attachment and claims relating to property.
Section 32: Certain transfers to be null and void
Where property covered by an order under section 25 or a notice under section 27 is transferred after the order or notice is issued, the transfer is ignored for the purposes of proceedings under Chapter V. If the property is subsequently forfeited, the transfer is deemed null and void.
This rule applies to transfers by any mode; transferring affected property after the relevant order or notice does not defeat forfeiture proceedings.
How the forfeiture provisions operate together
Under section 25, investigating officers may seize or attach suspected proceeds of terrorism subject to the specified approvals and scrutiny. Under sections 26 and 27, forfeiture requires a court order and safeguards including written notice and an opportunity to be heard. Sections 28-32 then address appeals, third-party objections and the legal consequences of property transfers.
Official legal sources
Refer to the India Code entry for the Unlawful Activities (Prevention) Act, 1967 and the official consolidated Act (PDF) for statutory wording and amendment notes. Consult the applicable rules and current judicial decisions for a particular proceeding.