The Unlawful Activities Prevention Act (UAPA) was passed by the Indian Parliament to curb unlawful activities, especially those that threaten the country’s integrity and sovereignty. It was enacted to implement the provisions of the Constitution (Sixth Amendment) Act, 1963, which seeks to impose reasonable restrictions to safeguard India’s national interests.
Section 43D(5) of this law was challenged at the Bombay High Court since it make it nearly impossible for the accused to get bail under the UAPA. According to this provision, if the charges under the UAPA is prima facie is true, the accused shall not be released on bail.