Section 38
Offence relating to membership of a terrorist organisation
The Unlawful Activities (Prevention) Act, 1967
About this Act
An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations, and for dealing with terrorist activities, and for matters connected therewith.
(1) A person, who associates
himself, or professes to be associated, with a terrorist organisation with intention to further its activities,
commits an offence relating to membership of a terrorist organisation:
Provided that this sub-section shall not apply where the person charged is able to prove--
(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and
(b) that he has not taken part in the activities of the organisation at any time during its inclusion in the 1[First Schedule] as a terrorist organisation.
(2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.
Provided that this sub-section shall not apply where the person charged is able to prove--
(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and
(b) that he has not taken part in the activities of the organisation at any time during its inclusion in the 1[First Schedule] as a terrorist organisation.
(2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.
Notes
1. Subs. by Act 28 of 2019, s. 7 for "Schedule" (w.e.f. 14-8-2019).