Section 43D of UAPA : Section 43D: Modified Application Of Certain Provisions Of The Code

Explanation using Example

Here's a contextual example demonstrating the use of Section 43D of The Unlawful Activities (Prevention) Act, 1967:

Imagine a situation where an individual, Arjun, is arrested for allegedly financing a terrorist organization, an offence under The Unlawful Activities (Prevention) Act. As per Section 43D:

• The offence is treated as cognizable, meaning the police can arrest Arjun without a warrant and start an investigation.
• Under normal circumstances, the police must complete the investigation within 90 days, but given the complexity of terrorism-related cases, the court may extend this period to 180 days upon the request of the Public Prosecutor who provides valid reasons for the delay.
• Arjun cannot apply for anticipatory bail under Section 438 of the Code of Criminal Procedure, as this provision is not applicable to offences under the Act.
• If Arjun applies for regular bail, the Public Prosecutor must be given a chance to be heard, and the court must be convinced that there are no reasonable grounds to believe the accusations against Arjun are true before granting bail.
• If Arjun is a foreign national who entered India illegally, he will face additional restrictions on being granted bail.

In summary, Section 43D modifies certain provisions of the Code of Criminal Procedure to address the seriousness and complexity of offences under The Unlawful Activities (Prevention) Act.