Unlawful activity
Also called: Continuing unlawful activity
Under Section 2(1)(o) of the UAPA, 1967, action by an individual or association that supports cession or secession of Indian territory, disrupts India's sovereignty and territorial integrity, or causes disaffection against India.
Explained
Section 2(1)(o) of the Unlawful Activities (Prevention) Act, 1967 defines unlawful activity, in relation to an individual or association, as any action taken by committing an act or by words spoken or written, signs or visible representation or otherwise, which is intended or supports any claim to bring about the cession or secession of a part of the territory of India, or incites anyone to do so; which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or which causes or is intended to cause disaffection against India.
The definition is the foundation of Chapter II. Section 2(1)(p) defines an unlawful association as one whose object is any unlawful activity or which encourages or aids it. Under Section 3 the Central Government may declare an association unlawful by notification. Section 13 punishes whoever takes part in or commits, or advocates, abets, advises or incites, any unlawful activity with imprisonment up to seven years and fine. Unlawful activity is distinct from a terrorist act under Section 15, which turns on intent to threaten the unity, integrity, security, economic security or sovereignty of India by the means set out there.
The BNS uses a different compound expression. For organised crime under Section 111, Explanation (ii) to Section 111(1) defines continuing unlawful activity as an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken singly or jointly as a member of, or on behalf of, an organised crime syndicate, in respect of which more than one charge-sheet has been filed before a competent Court within the preceding ten years and the Court has taken cognizance; it includes economic offence. An organised crime syndicate under Explanation (i) is a group of two or more persons indulging in continuing unlawful activity.
The two concepts must not be mixed up: the UAPA term concerns secession, sovereignty and disaffection, while the BNS term concerns repeated serious crime by syndicates. Examiners test the three limbs of the UAPA definition, the punishment under Section 13, and the ingredients of continuing unlawful activity in Section 111.
What the law says
(o) “unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),—
(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or
(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or
(iii) which causes or is intended to cause disaffection against India;
Clauses (1)(o) and (1)(p) define unlawful activity and unlawful association
(b) advocates, abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine.
(2) Whoever, in any way, assists any unlawful activity of any association, declared unlawful under section 3, after the notification by which it has been so declared has become effective under sub-section (3) of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
(3) Nothing in this section shall apply to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations there for carried on by any person authorised in this behalf by the Government of India.
Punishment for unlawful activities
(1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful.
(2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary:
Provided that nothing in this sub-section shall require the Central Government to disclose any fact which it considers to be against the public interest to disclose.
Declaration of an association as unlawful
(ii) “continuing unlawful activity” means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence;
Defines continuing unlawful activity for organised crime
Earlier law: IPC New Section
For the exam
- UAPA Section 2(1)(o): secession, disruption of sovereignty and territorial integrity, or disaffection against India.
- It covers acts and also words, signs and visible representations.
- UAPA Section 13: up to seven years and fine for unlawful activity.
- BNS Section 111: continuing unlawful activity needs a cognizable offence of 3 years or more.
- It also needs more than one charge-sheet in the preceding ten years with cognizance taken.
43 questions in the Law Maker question bank use this term. Practise Special Criminal Laws questions
Related terms
- Terrorist organisationAn organisation listed in the First Schedule to the Unlawful Activities (Prevention) Act, 1967, or one operating under the same name as a listed organisation. Section 2(1)(m) of the UAPA.
- Terrorist actAn act done with intent to threaten the unity, integrity, sovereignty, security or economic security of India, or to strike terror, by the means listed in Section 113 BNS or Section 15 UAPA.
- Organised crime syndicateA group of two or more persons who, acting singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity (Section 111 of the BNS).
- Cognizable offenceAn offence for which a police officer may arrest without warrant, in accordance with the First Schedule to the BNSS or any other law in force.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.