Unlawful Activities (Prevention) Act, 1967
Section 43D(5)
The UAPA, originally enacted in 1967 and substantially amended in 2004, 2008, and 2019, is India's primary anti-terror legislation. Section 43D(5), introduced by the UAPA Amendment Act 2008, prohibits courts from granting bail to an accused if there are reasonable grounds to believe that the accusations against them are prima facie true. This creates a presumption against bail and places a heavy burden on the accused to demonstrate that the case on record is fabricated.
- Section 43D(5) operates as a stricter standard than the ordinary CrPC/BNSS bail provisions.
- In NIA v. Zahoor Ahmad Shah Watali (2019) 5 SCC 1, the Supreme Court held that courts must adopt a "lighter degree of satisfaction" in assessing prima facie truth, limiting the scope for judicial scrutiny at the bail stage.
- Section 43D(2) further extends the period of remand in UAPA cases up to 180 days (as against 60/90 days under ordinary law) before charge-sheet filing is mandatory.
- The NIA Act 2008 establishes Special NIA Courts with designated judges to try UAPA offences, with special rules on prosecution sanction and appeal procedures.
● Tracked since March 02, 2026 · last seen August 25, 2026 · updates as the daily brief publishes
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