Question : Persons arrested under UAPA

(a) the number of individuals including students below the age of 25 arrested/granted bail/convicted/ released and their average period of detention after arrest under the Unlawful Activities Prevention Act (UAPA) in the country during the last three year and current year, year-wise, State/UT-wise including in Odisha, district-wise,

(b) whether the Government plans to amend the existing Act in the light of recent evidence about the large number of acquittals and for preventing the harassment of innocent people in wake of misuse of this law; if so, the details thereof and if not, the reasons therefor; and

(c) whether there has been any custodial deaths reported of the persons during their stay in custody under this law, if so, the details thereof?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI NITYANAND RAI)

(a): The National Crime Records Bureau (NCRB) compiles the data on crime as reported to it by the States and Union Territories and publishes the same in its annual publication ‘Crime in India’. The latest published report is of the year 2020.


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L.S.US.Q.NO.2531 FOR 14.12.2021

As per the published report, the State/UT-wise number of total persons arrested, persons on bail, persons convicted and persons acquitted under the Unlawful Activities (Prevention)Act, 1967, including in the State of Odisha during 2018-2020 is at Annexure-I. The data regarding number of arrested persons of specific age group of below 25 years is not maintained by NCRB. However, the State/UT-wise number of persons arrested under the Unlawful Activities (Prevention) Act, 1967, whose age was below 30 years, during 2018-20 is at Annexure-II. During 2018-20 only one case was registered under the Unlawful Activities (Prevention) Act, 1967, in 2019, in the State of Odisha and that was in the district Balasore. The data regarding period of detention is not maintained by NCRB.

(b) & (c): Conviction is an outcome of an elaborate judicial process and is dependent on various factors, such as, duration of trial, appraisal of evidence, examination of witnesses, etc. There are adequate Constitutional, institutional and statutory safeguards including inbuilt safeguards in the UAPA itself, to prevent misuse of the law.

The UAPA has been amended in the past keeping in view the requirement. Presently no amendments in the UAPA are under consideration.

The information regarding custodial deaths of the persons in custody under the UAPA is not maintained by NCRB.
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