Lok Sabha Question No. 2204 (UNSTARRED), answered on 2022-03-15
Subject: Arrest Under UAPA
Ministry: HOME AFFAIRS
Asked by: Dibyendu Adhikari

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 2204

TO BE ANSWERED ON THE 15 th  MARCH, 2022/PHALGUNA 24,1943 (SAKA)

ARREST UNDER UAPA

2204.  SHRI DIBYENDU ADHIKARI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  the  number  of  people  arrested  and  convicted  under  Unlawful  Activities Prevention Act (UAPA) during each of the last three years along with the number of people were denied bail on what grounds;
- (b) whether the Government has any proposal to amend the existing act in the light of recent evidence about the large number of acquittals and how the law is being misuse;
- (c) if so, the details thereof and if not, the reasons therefor;
- (d)  whether the Government has also any proposal to amend the UAPA law to prevent the harassment of innocent persons; and
- (e) if so, the details thereof and if not, the reasons therefor?

ANSWER

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  States  and  Union  Territories  and  publishes  the  same  in  its annual  publication  'Crime  in  India'.  The  latest  published  report  is  of  the  year 2020. As per the published report, the State/UT-wise number of persons arrested and  persons  convicted  under  the  Unlawful  Activities  (Prevention)  Act,  1967, during 2018-2020 is at the Annexure. The data regarding the number of persons who were denied bail is not maintained by the NCRB.

## L.S.US.Q.NO. 2204 FOR 15.03.2022

(b)  to  (e):  Conviction  is  the  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.

******

ANNEXURE as referred to in reply to part (a) of the Lok Sabha Un-starred Question No. 2204 for 15.03.2022

## State/UT-wise number of Persons Arrested (PAR) and Persons Convicted (PCV) under the Unlawful Activities (Prevention) Act, 1967, during 2018-2020

|                   |                             | 2018   | 2018   | 2019   | 2019   | 2020   | 2020   |
|-------------------|-----------------------------|--------|--------|--------|--------|--------|--------|
| Sl No.            | State/UT                    | PAR    | PCV    | PAR    | PCV    | PAR    | PCV    |
| 1                 | Andhra Pradesh              | 8      | 0      | 5      | 0      | 4      | 0      |
| 2                 | Arunachal Pradesh           | 10     | 0      | 40     | 0      | 3      | 0      |
| 3                 | Assam                       | 170    | 0      | 112    | 0      | 49     | 0      |
| 4                 | Bihar                       | 59     | 0      | 35     | 0      | 39     | 0      |
| 5                 | Chhattisgarh                | 4      | 0      | 32     | 0      | 27     | 0      |
| 6                 | Goa                         | 0      | 0      | 0      | 0      | 0      | 0      |
| 7                 | Gujarat                     | 0      | 0      | 1      | 0      | 0      | 0      |
| 8                 | Haryana                     | 0      | 0      | 0      | 0      | 1      | 0      |
| 9                 | Himachal Pradesh            | 0      | 0      | 0      | 0      | 0      | 0      |
| 10                | Jharkhand                   | 97     | 21     | 202    | 17     | 69     | 3      |
| 11                | Karnataka                   | 0      | 0      | 6      | 0      | 2      | 0      |
| 12                | Kerala                      | 6      | 0      | 25     | 0      | 24     | 0      |
| 13                | Madhya Pradesh              | 13     | 0      | 4      | 0      | 0      | 0      |
| 14                | Maharashtra                 | 0      | 0      | 0      | 0      | 7      | 0      |
| 15                | Manipur                     | 332    | 0      | 386    | 0      | 225    | 0      |
| 16                | Meghalaya                   | 6      | 0      | 0      | 0      | 2      | 0      |
| 17                | Mizoram                     | 0      | 0      | 0      | 0      | 0      | 0      |
| 18                | Nagaland                    | 10     | 1      | 18     | 0      | 7      | 0      |
| 19                | Odisha                      | 0      | 0      | 5      | 0      | 0      | 0      |
| 20                | Punjab                      | 27     | 0      | 30     | 0      | 44     | 0      |
| 21                | Rajasthan                   | 0      | 0      | 0      | 0      | 0      | 0      |
| 22                | Sikkim                      | 0      | 0      | 0      | 0      | 0      | 0      |
| 23                | Tamil Nadu                  | 15     | 0      | 308    | 0      | 92     | 21     |
| 24                | Telangana                   | 0      | 0      | 5      | 0      | 0      | 0      |
| 25                | Tripura                     | 0      | 0      | 0      | 0      | 2      | 0      |
| 26                | Uttar Pradesh               | 479    | 12     | 498    | 17     | 361    | 54     |
| 27                | Uttarakhand                 | 0      | 0      | 0      | 0      | 0      | 0      |
| 28                | West Bengal                 | 0      | 0      | 0      | 0      | 5      | 0      |
|                   | TOTAL STATE(S)              | 1236   | 34     | 1712   | 34     | 963    | 78     |
| 29                | A&N Islands                 | 0      | 0      | 0      | 0      | 0      | 0      |
| 30                | Chandigarh                  | 0      | 0      | 0      | 0      | 0      | 0      |
| 31                | D&N Haveli and Daman & Diu+ | 0      | 0      | 0      | 0      | 0      | 0      |
| 32                | Delhi                       | 8      | 1      | 9      | 0      | 12     | 0      |
| 33                | Jammu & Kashmir*            | 177    | 0      | 227    | 0      | 346    | 2      |
| 34                | Ladakh                      | -      | -      | -      | -      | 0      | 0      |
| 35                | Lakshadweep                 | 0      | 0      | 0      | 0      | 0      | 0      |
| 36                | Puducherry                  | 0      | 0      | 0      | 0      | 0      | 0      |
|                   | TOTAL UT(S)                 | 185    | 1      | 236    | 0      | 358    | 2      |
| TOTAL (ALL INDIA) | TOTAL (ALL INDIA)           | 1421   | 35     | 1948   | 34     | 1321   | 80     |