Section 13 of UAPA : Section 13: Punishment For Unlawful Activities

Explanation using Example

Imagine a scenario where an individual, John, is found to be actively participating in an organization that has been declared unlawful due to its involvement in terrorist activities. John attends meetings where he and others discuss plans to disrupt public order and incite violence. The police arrest John, and he is charged under Section 13(1) of the Unlawful Activities (Prevention) Act, 1967, for his role in committing and advocating for unlawful activities. As a result, John could face imprisonment of up to seven years and also be liable to pay a fine.

In another instance, Sarah, who is not a member of any unlawful association but is aware of an organization's unlawful status, provides financial support to it. This assistance helps the organization to continue its operations. After an investigation, Sarah is charged under Section 13(2) of the Act for assisting an unlawful activity after the organization had been declared unlawful. She could face imprisonment for a term which may extend to five years, or with a fine, or with both.

However, if an individual, Alex, is engaged in diplomatic negotiations on behalf of the Government of India with another country, and these negotiations involve discussions that might otherwise be deemed as advocating for activities similar to those prohibited under Section 13, Alex would not be liable for any offense under this section as per Section 13(3), since his actions are authorized by the Government of India.