UAPA Sections 43A, 43B, 43C, 43D, 43E and 43F: Arrest, Investigation, Bail and Evidence

Section 43A: Power to arrest, search, etc.

Section 43A empowers an officer of the Designated Authority, authorised by a general or special order of the Central Government or the State Government, to act on knowledge of a design to commit an offence under the Act or on reasonable belief founded on personal knowledge or information received and recorded in writing. The provision also covers evidence of an offence or illegally acquired property, or documents or articles evidencing possession of such property, kept or concealed in a building, conveyance or place.

The empowered officer may personally arrest the person or search the building, conveyance or place, or authorise a subordinate officer to do so. A search may take place by day or by night, subject to the statutory conditions.

Section 43B: Procedure of arrest, seizure, etc.

Sub-section (1): An officer making an arrest under section 43A must inform the arrested person of the grounds of arrest as soon as may be.

Sub-section (2): A person arrested or article seized under section 43A must be forwarded without unnecessary delay to the officer in charge of the nearest police station.

Sub-section (3): The receiving authority or officer must promptly take the measures required by the applicable criminal procedure law.

Section 43C: Application of provisions of Code

The provisions of the Code apply to arrests, searches and seizures under the UAPA insofar as they are not inconsistent with the UAPA. Under the Act, references to the Code historically refer to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from 1 July 2024, and its repeal, savings and corresponding-provision rules must also be considered for current proceedings.

Section 43D: Modified application of certain provisions of the Code

43D(1): Cognizable offences

Every offence punishable under the UAPA is deemed cognizable, notwithstanding the ordinary classification under the Code or any other law.

43D(2): Custody, investigation and extension of time

The statutory modification to section 167(2) of the Code substitutes 30 days for 15 days and 90 days for 60 days, retaining 90 days where already specified. Where investigation cannot be completed within 90 days, the competent court may extend the period up to 180 days, but only on being satisfied with a Public Prosecutor's report setting out investigation progress and specific reasons for further detention.

Where police custody is sought after judicial custody has commenced, the investigating officer must file an affidavit giving reasons for the request and explaining any delay. The relevant court's competence and the effect of the BNSS must be assessed under applicable law and binding judgments.

43D(3): Orders restricting removal of prisoners

The modifications to section 268 of the Code extend specified references to the State Government so that the Central Government or the State Government, as applicable, may exercise the stated powers relating to prisoners' attendance before courts.

43D(4): Anticipatory bail

Section 438 of the Code, concerning anticipatory bail, does not apply to arrest for an offence punishable under the UAPA. The corresponding BNSS provisions and applicable judicial interpretation should be considered for proceedings after the commencement of the BNSS.

43D(5): Bail restrictions for Chapters IV and VI

Before an accused in custody for an offence punishable under Chapter IV or Chapter VI may be released on bail or personal bond, the Public Prosecutor must have an opportunity to be heard. The court must refuse bail if, after examining the case diary or the police report, it finds reasonable grounds for believing the accusation to be prima facie true.

43D(6): Additional restrictions

These restrictions operate in addition to bail restrictions imposed by the general procedural law or other applicable legislation.

43D(7): Unauthorised entry by non-citizens

Where an accused under the UAPA is not an Indian citizen and entered India without authorisation or illegally, bail may be granted only in very exceptional circumstances, with reasons recorded in writing.

Section 43E: Presumption as to offence under section 15

In a prosecution for a section 15 terrorist act, the court shall presume commission of the offence unless the contrary is shown, if the prosecution proves either of the following statutory circumstances:

• Arms, explosives or other substances specified in section 15 were recovered from the accused's possession, and there is reason to believe that they or similar substances were used in the offence; or
• Expert evidence establishes the accused's fingerprints or other definitive evidence suggesting involvement at the offence site or on an item, including arms or vehicles, used in the offence.

This is a rebuttable statutory presumption, not a presumption arising merely from an allegation.

Section 43F: Obligation to furnish information

43F(1): With prior written approval of an officer not below the rank of Superintendent of Police, the investigating officer may require relevant information held by Central or State Government authorities, local authorities, banks, companies, firms, other institutions, establishments, organisations or individuals. The investigator must have reason to believe the information will be useful or relevant to an offence under the UAPA.

43F(2): Failure to provide information when lawfully required, or deliberately providing false information, is punishable with imprisonment up to three years, or fine, or both.

43F(3): An offence under sub-section (2) is to be tried summarily under the prescribed summary-trial procedure, with the statutory exception relating to section 262(2) of the Code. Corresponding procedural provisions under the BNSS may be relevant to current cases.

Official legal sources and current procedure

The statutory text is available from India Code: Unlawful Activities (Prevention) Act, 1967 and the Ministry of Home Affairs Act PDF. For criminal procedure changes effective from 1 July 2024, see the India Code listing of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The UAPA text retains references to sections of the Code of Criminal Procedure, 1973. The applicable procedural provisions, repeal and savings rules, and court interpretations must be checked in each case, especially for detention, default bail and trial procedure. The special UAPA conditions should not be assumed to have been repealed merely because the general criminal procedure law changed.