'Recent Anti-Terror Legislative Changes in Criminal Justice Administration' The Nia and the Uapa Bill 2008
Bhanu Pratap Singh
affiliation not provided to SSRN
August 20, 2009
This work intends to be a comprehensive reading of the provisions of the Unlawful Activities (Prevention) Act (UAPA) and the National Investigation Agency Act, 2008. It also contains the conditions in which such type of extraordinary law is created. For the sake of convenience, the work is divided into three distinct heads:
Part I of the project has been drafted with an intent to introduce the reader with the conditions, atmosphere, environment in which the NIA Act, 2008 was introduced, also contains some of the salient features of the Act. It also elaborates certain provision, sections which makes this Act distinct from the prior Acts like POTA and TADA.
Part II is the epicentre of this paper which is concerned with an analysis that due to the creation of the UA (P) Act and NIA Act there is a clear cut departure from some of the Basic principles of the Criminal Justice Administration System. This part also contains comparison between POTA, TADA & UAPA Bill and shows that since UAPA bill is almost similar to the prior acts which have only and only be repealed due to the political motivation of the political parties so it will create a danger in mind of becoming a draconian law like POTA and TADA.
Part III concludes the project by summarising and recommendations how this act can be made successful & what steps should be taken for the smooth functioning of this act because by the introduction of such type of extraordinary law there is change in the basic principles of criminal law and criminal justice administration system so some changes will be required in the functions/devices of the system.
Keywords: India, UAPA, TADA, POTA
JEL Classification: K49
Date posted: August 20, 2009