EXPLAINER
After the Delhi blast that killed nine, police invoked the UAPA. Here’s what the Unlawful Activities (Prevention) Act is and how it empowers authorities.
Delhi Police has registered an FIR under the Unlawful Activities (Prevention) Act and the Explosives Act in connection with the Delhi blast, which killed nine people and left more than 20 seriously injured Monday. It is too early to say whether it was a terrorist attack. Home Minister Amit Shah said all angles are being probed. With this, once again, the question has cropped up: what is the UAPA?
Approved by the Indian Parliament on December 30, 1967, the UAPA aims at providing the effective prevention of certain unlawful activities of individuals and associations. The law made provisions for reasonable restrictions on Freedom of speech and expression. Right to assemble peaceably and without arms; and Right to form associations or unions. It was amended seven times, the latest being in 2019.
Union Home Minister Amit Shah introduced the Unlawful Activities (Prevention) Amendment Bill, 2019, in Lok Sabha on July 8, 2019. The Act defines a terrorist act, which includes acts committed within the scope of any of the treaties listed in a schedule to the Act. However, the UAPA adds to the list the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

(Union Home Minister Amit Shah tables the UAPA (Amendment) Bill at Lok Sabha.)
Under the UAPA, the Union government may designate an outfit as a terrorist organisation if it commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism, or it is otherwise involved in terrorism. The act also empowers the government to designate individuals as terrorists on the same grounds.
The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997) and the Convention against Taking of Hostages (1979). The UAPA adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

(Nine people were killed in Delhi blast.)
In other types of cases, the police normally have 60 to 90 days to investigate the case and submit a charge sheet. If the police fail to do so, the accused may obtain default bail. However, under the UAPA, the police can submit the charge sheet in 180 days. Besides, the normal provisions for bail do not apply to the accused arrested under the UAPA. Under Section 25, the NIA is allowed to seize the property of the accused if it thinks it to be the proceeds of terrorism with the written permission of the DGP of the state. However, under the UAPA, the NIA can bypass the state DGP and take permission from its own DGP.
Despite sweeping powers, the UAPA has as low a conviction rate as 2%. According to the Union Government, 5,027 cases were registered against 24,134 individuals under the UAPA between 2016 and 2020. However, . Only 212 accused were convicted, while 386 were acquitted. 97.5% of the people arrested under UAPA remain in prison awaiting trial.