Central Idea

Allegations against NewsClick: The FIR against NewsClick alleges illegal funding from China, routed through the United States.
UAPA Provisions: The FIR invokes various sections of the Unlawful Activities (Prevention) Act (UAPA), with a primary focus on Section 16, which deals with punishment for terrorist acts.

Understanding UAPA Provisions

*Section 15 – Definition of “Terrorist Act”

Section 15 of the UAPA defines “terrorist act” and prescribes imprisonment for at least five years to life. In cases where the act results in death, the punishment is either death or imprisonment for life.
This section encompasses serious and violent acts with the potential to threaten India’s unity, integrity, security, economic security, or sovereignty.
It includes actions such as the use of explosives, causing death or damage to property, disruption of essential services, and damaging monetary stability through counterfeiting.

Section 13 – Unlawful Activities: This section deals with unlawful activities and their consequences.
Section 17 – Raising Funds for Terrorist Acts: It addresses raising funds for terrorist activities.
Section 18 – Conspiracy: This section covers conspiracy related to terrorist acts.
Section 22 (C) – Offences by Companies, Trusts: This provision pertains to offenses committed by companies and trusts.
IPC Sections Invoked: Additionally, the FIR includes IPC sections 153 A (promoting enmity between different groups) and 120B (criminal conspiracy).

Unique Criminal Law Framework: The UAPA provides an alternative criminal law framework that differs from the general principles of criminal law.
Enhanced State Powers: Compared to the Indian Penal Code (IPC), the UAPA grants the state greater powers.
Bail Provisions: The UAPA has stringent conditions for bail and relaxes timelines for the state to file chargesheets.
Denying Bail: To deny bail under the UAPA, the court must establish a “prima facie” case against the accused.
Prima Facie Definition: In 2019, the Supreme Court defined “prima facie” narrowly, meaning that the court must not analyze evidence or circumstances but must consider the “totality of the case” presented by the state.
Section 43D(5): This section specifies that a person accused of an offense under Chapters IV and VI of the UAPA shall not be released on bail or their own bond if the Public Prosecutor hasn’t been heard on the application for release.
Court’s Opinion: The court may deny bail if it finds reasonable grounds to believe that the accusation against the accused is prima facie true.

The FIR against NewsClick under the UAPA underscores the seriousness of the allegations and the complex legal framework surrounding such cases.