Section 43D: Modified application of certain provisions of the Code

Q: What does Section 43D of The Unlawful Activities (Prevention) Amendment Act, 2019 (TUAPAA) deal with?

Section 43D TUAPAA pertains to "Modified application of certain provisions of the Code". It is part of the The Unlawful Activities (Prevention) Amendment Act, 2019, a legislation enacted by the Parliament of India. Section 43D of The Unlawful Activities (Prevention) Amendment Act, 2019 (TUAPAA) governs modified application of certain provisions of the Code. As verified on 19 May 2026.

Q: Is Section 43D TUAPAA still in force?

Yes, Section 43D of the The Unlawful Activities (Prevention) Amendment Act, 2019 is currently in force across the Republic of India.

Q: What is धारा 43D TUAPAA?

धारा 43D TUAPAA is the Devanagari Hindi reference for Section 43D of the The Unlawful Activities (Prevention) Amendment Act, 2019. Section 43D of The Unlawful Activities (Prevention) Amendment Act, 2019 (TUAPAA) governs modified application of certain provisions of the Code. As verified on 19 May 2026.

Q: What is Dhara 43D TUAPAA?

Dhara 43D TUAPAA is the Roman Hindi reference for Section 43D of the The Unlawful Activities (Prevention) Amendment Act, 2019. "Dhara" means "Section" in Hindi. Section 43D of The Unlawful Activities (Prevention) Amendment Act, 2019 (TUAPAA) governs modified application of certain provisions of the Code. As verified on 19 May 2026.

Q: How to cite Section 43D of The Unlawful Activities (Prevention) Amendment Act, 2019?

Cite as: "Section 43D, The Unlawful Activities (Prevention) Amendment Act, 2019 (TUAPAA)" in legal briefs. For academic writing, use the BlueBook format: The Unlawful Activities (Prevention) Amendment Act, 2019, § 43D (India).

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(1)

Notwithstanding anything contained in the Code or any other law, every offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the Code, and “cognizable case” as defined in that clause shall be construed accordingly.

(2)

Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that in sub-section (2),—

(a) the references to “fifteen days”, “ninety days” and “sixty days”, wherever they occur, shall be construed as references to “thirty days”, “ninety days” and “ninety days” respectively; and

(b) after the proviso, the following provisos shall be inserted, namely:—

(3)

Section 268 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that—

(a) the reference in sub-section (1) thereof—

(b) the reference in sub-section (2) thereof, to “the State Government” shall be construed as a reference to “the Central Government or the State Government, as the case may be”.

(4)

Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this Act.

(5)

Notwithstanding anything contained in the Code, no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release:

Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.

(6)

The restrictions on granting of bail specified in sub-section (5) is in addition to the restrictions under the Code or any other law for the time being in force on granting of bail.

(7)

Notwithstanding anything contained in sub-sections (5) and (6), no bail shall be granted to a person accused of an offence punishable under this Act, if he is not an Indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing.