UAPA Sections 38, 39 and 40: Membership, Support and Funding of Terrorist Organisations

Section 38: Offence relating to membership of a terrorist organisation

Section 38(1): A person commits this offence by associating, or professing to be associated, with a terrorist organisation with the intention of furthering its activities. The requirement of intent is an express element of the provision.

Statutory exception: The subsection does not apply where the person charged proves both that (a) the organisation was not declared a terrorist organisation when the person became or professed to be a member, and (b) the person did not participate in the organisation's activities at any time while it was included in the First Schedule as a terrorist organisation.

Section 38(2), punishment: Imprisonment for a term of up to 10 years, or a fine, or both.

The reference to the First Schedule reflects the amendment made by the Unlawful Activities (Prevention) Amendment Act, 2019 (Act 28 of 2019), section 7, effective 14 August 2019.

Section 39: Offence relating to support given to a terrorist organisation

Section 39(1) covers the following conduct when undertaken with the intention of furthering the activity of a terrorist organisation:

Clause (a): Inviting support

Inviting support for a terrorist organisation where that support is not, or is not restricted to, the provision of money or other property within the meaning of section 40.

Clause (b): Arranging or assisting meetings

Arranging, managing, or helping to arrange or manage a meeting known to be intended (i) to support the terrorist organisation, (ii) to further its activity, or (iii) to be addressed by someone who associates, or professes to be associated, with that organisation.

Clause (c): Addressing meetings

Addressing a meeting for the purpose of encouraging support for the terrorist organisation or furthering its activity.

Section 39(2), punishment: Imprisonment for a term of up to 10 years, or a fine, or both.

Section 39 addresses forms of organisational support, including non-financial support. Financial provision is specifically dealt with in section 40.

Section 40: Offence of raising funds for a terrorist organisation

Section 40(1) applies where a person, with the intention of furthering the activity of a terrorist organisation, engages in any of the following:

Clause (a): Inviting funds or property

Inviting another person to provide money or other property while intending that it be used, or having reasonable cause to suspect that it might be used, for the purposes of terrorism.

Clause (b): Receiving funds or property

Receiving money or other property while intending that it be used, or having reasonable cause to suspect that it might be used, for the purposes of terrorism.

Clause (c): Providing funds or property

Providing money or other property with knowledge, or reasonable cause to suspect, that it would or might be used for the purposes of terrorism.

Explanation: Meaning of providing money or property

For subsection (1), providing money or other property includes (a) giving, lending or otherwise making it available, whether or not for consideration, and (b) raising, collecting or providing funds through the production, smuggling or circulation of high-quality counterfeit Indian currency. The explanation was substituted by the 2012 Amendment Act (Act 3 of 2013), section 13, effective 1 February 2013.

Section 40(2), punishment: Imprisonment for a term of up to 14 years, or a fine, or both.

Official sources and related UAPA provisions

Read the UAPA, 1967 on India Code, the official consolidated Act PDF, and the Ministry of Home Affairs legislation and amendments.

These provisions should be read alongside sections 35 to 37, concerning the schedules of terrorist organisations and individuals and review, and sections 41 to 43, concerning continuance, delegation and investigation. For the separate offence of membership of a terrorist gang or organisation under Chapter IV, see section 20.

Legislative explanation updated October 2026. The official Act, applicable notifications and judicial decisions govern individual cases.