Section 43D(7) of UAPA UPSC NOTE

 Why in News

  • A special court for NIA cases cannot cancel bail granted to a person, who was accused of attempting to establish Islamic rule in India through unlawful means.

  • A Division Bench of Justices S.S. Sundar and Sunder Mohan allowed an appeal and set aside a bail cancellation order passed by the special court, which had observed that Section 43D(7) of the Unlawful Activities (Prevention) Act (UAPA), 1967, does not permit grant of bail to a foreigner.

  • This section deals with the grant of bail to persons accused of offenses under the UAPA.

  • It states that no bail shall be granted to a person accused of an offense punishable under the 

  1. Not an Indian citizen and

  2. Has entered the country unauthorizedly or illegally.

  • There is an exception to this rule: bail can still be granted in very exceptional circumstances and for reasons to be recorded in writing.

Key points to remember:

  • This section makes it difficult for foreign nationals who have entered India illegally to get bail if they are accused of offenses under the UAPA.

  • The burden of proof is on the accused to show why bail should be granted in their case.

  • The court has the discretion to decide whether or not to grant bail, even in exceptional circumstances.

Criticisms of Section 43D(7):

  • Some argue that the section is unfair to foreign nationals, as it denies them the right to bail without due process.

  • Others argue that the section is necessary to prevent terrorism and other serious offenses.

Impact of Section 43D(7):

  • Used by the Indian government to deny bail to a number of foreign nationals accused of terrorism and other offenses.

  • The section has been challenged in court on several occasions, but it has been upheld by the Supreme Court.



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Section 43D(7) of UAPA UPSC NOTE
Section 43D(7) of UAPA UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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