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UAPA arrests rise but conviction rate remains abysmally low; Punjab records zero convictions

New Delhi: Despite recording 50 arrests under the Unlawful Activities (Prevention) Act (UAPA) in 2023, Punjab ranked fifth among Indian states in terms of arrests but reported a zero conviction rate, highlighting a stark gap between arrests and successful prosecutions.

A similar trend was observed in the Union Territory of Jammu and Kashmir, where convictions over a five-year period, including 2023, remained negligible.

Uttar Pradesh topped the list in 2023 with 1,122 arrests under UAPA. However, only 75 individuals—around 6.68 per cent—were convicted. Other northeastern states also reported poor conviction outcomes. Assam, Manipur and Meghalaya recorded 154, 130 and 71 arrests respectively, but apart from one conviction in Assam, none of the cases in these states resulted in a guilty verdict.

Overall, of the 1,686 people arrested under UAPA across the country in 2023, only 84—just 4.98 per cent—were convicted. In Punjab, 259 people were arrested under the Act over the past five years, but none has been convicted so far.

 

Trends in Punjab and Jammu and Kashmir

In Punjab, UAPA arrests rose steadily from 30 in 2019 to 44 in 2020 and 49 in 2021, before spiking to 86 in 2022. The figure declined to 50 in 2023. In Jammu and Kashmir, a total of 3,662 people were arrested between 2019 and 2023, but only 23—around 0.62 per cent—were convicted. In 2023 alone, 1,206 arrests were made in the Union Territory, resulting in just 10 convictions, a conviction rate of 0.8 per cent.

 

What is the Unlawful Activities (Prevention) Act?

The Unlawful Activities (Prevention) Act, commonly known as UAPA, is India’s primary anti-terror law, aimed at preventing activities that threaten the country’s sovereignty and integrity. Enacted in 1967, the law has been amended several times—in 2004, 2008, 2012 and 2019—to strengthen its provisions.

After the repeal of laws such as TADA and POTA, UAPA became the central legal framework for counter-terrorism. A key amendment in 2019 empowered the government to designate not only organisations but also individuals as terrorists.

Unlike ordinary criminal law, where a chargesheet must be filed within 60 or 90 days, UAPA allows investigating agencies up to 180 days to complete the process.

The Act is typically invoked in cases involving alleged attempts to secede parts of the country, wage war against the state, plan or execute terrorist attacks, use explosives or weapons to spread fear, or provide funding to banned terrorist organisations.

The data underscores growing concerns among legal experts and rights groups over prolonged detentions and low conviction rates under one of India’s most stringent security laws.