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Regarding the UAPA (Unlawful Activities [Prevention] Act), consider the following statements:


1. Cases under the UAPA are investigated only by the National Investigation Agency (NIA).


2. Under the UAPA, getting bail is rare and the investigating agency has up to 365 days to file a charge sheet.


Which of the statements given above is/are incorrect?

  • a)
    1 only

  • b)
    2 only

  • c)
    Both 1 and 2

  • d)
    Neither 1 nor 2

Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Regarding the UAPA (Unlawful Activities [Prevention] Act), consider th...
There has been over 72% increase in the number of persons arrested under the UAPA (Unlawful Activities [Prevention] Act) in 2019 compared to year 2015, data provided by the Ministry of Home Affairs (MHA) in the Lok Sabha show.
  • As many as 1,948 persons were arrested under the UAPA in 1,226 cases registered across the country in 2019. From 2015 till 2018, the cases registered under the Act annually stood at 897, 922, 901 and 1,182 respectively, while the number of arrests was 1,128, 999, 1,554 and 1,421.
  • In 2019, the highest number of such cases were registered in Manipur (306), followed by Tamil Nadu (270), Jammu & Kashmir (255), Jharkhand (105) and Assam (87) cases.
  • The highest number of arrests in the same year were made in Uttar Pradesh (498), followed by Manipur (386), Tamil Nadu (308), Jammu & Kashmir (227) and Jharkhand (202).
  • The government had declared 42 organisations as terrorist organisations and listed their names in the First Schedule of the UAPA
  • Only 2.2 % of cases registered under the UAPA between 2016-2019 ended in convictions by court.
  • Cases under the UAPA are investigated by the State police and the National Investigation Agency (NIA).
  • Under the UAPA, getting bail is rare and the investigating agency has up to 180 days to file a charge sheet.
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Most Upvoted Answer
Regarding the UAPA (Unlawful Activities [Prevention] Act), consider th...
Incorrect Statements:
1. Cases under the UAPA are investigated only by the National Investigation Agency (NIA).
2. Under the UAPA, getting bail is rare and the investigating agency has up to 365 days to file a charge sheet.

Explanation:
1. Cases under the UAPA are investigated only by the National Investigation Agency (NIA):
This statement is incorrect. While the NIA does have the authority to investigate cases under the UAPA, it is not the sole agency responsible for such investigations. The UAPA allows both the NIA and state police forces to investigate cases related to unlawful activities. The central government can direct the NIA to take over an investigation if it deems it necessary. However, the state police can also initiate and conduct investigations under the UAPA.

2. Under the UAPA, getting bail is rare and the investigating agency has up to 365 days to file a charge sheet:
This statement is correct. Under the UAPA, bail is indeed difficult to obtain. The Act imposes stringent conditions for granting bail, including the requirement that the court must be satisfied that the accusations against the person are prima facie true. This makes it challenging for individuals to secure bail. Additionally, the UAPA allows the investigating agency up to 180 days to file a charge sheet, which can be extended up to 365 days with the approval of the court. This provision gives the investigating agency a longer timeframe compared to other laws, which can impact the duration of pretrial detention for the accused.

In conclusion, both statements are incorrect. While the NIA does have the authority to investigate UAPA cases, it is not the exclusive agency responsible for such investigations. Additionally, under the UAPA, getting bail is difficult, and the investigating agency has up to 365 days to file a charge sheet.
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Regarding the UAPA (Unlawful Activities [Prevention] Act), consider the following statements:1. Cases under the UAPA are investigated only by the National Investigation Agency (NIA).2. Under the UAPA, getting bail is rare and the investigating agency has up to 365 days to file a charge sheet.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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