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Reading: Powers of NIA Under UAPA: Arrests, Raids, and Investigations (Sections 43A to 43F)
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ApniLaw > Blog > Legal Articles > Acts > Powers of NIA Under UAPA: Arrests, Raids, and Investigations (Sections 43A to 43F)
ActsNews

Powers of NIA Under UAPA: Arrests, Raids, and Investigations (Sections 43A to 43F)

Amna Kabeer
Last updated: August 15, 2025 10:35 pm
Amna Kabeer
3 days ago
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Supreme Court Allows Challenge to UAPA Sanctions on Specific Legal Grounds
Supreme Court Allows Challenge to UAPA Sanctions on Specific Legal Grounds
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The National Investigation Agency (NIA) gets special powers under the Unlawful Activities (Prevention) Act, 1967. Sections 43A to 43F explain how NIA can arrest people, search places, and investigate serious crimes. These rules also add checks to stop misuse.

Contents
What Are The Special Powers Of NIAWhat Are The Arrest RulesDoes Guilt Presumption and Cooperation WorkConclusion

What Are The Special Powers Of NIA

Only officers approved by the State or Central Government can order arrests or searches under UAPA. They can give these powers to other officers for specific cases. Courts say officers must have written approval before acting.
For any specific query call at +91 – 8569843472

What Are The Arrest Rules

When the NIA arrests someone, they must quickly tell them why. If they fail to do this, the arrest can be declared illegal. The normal criminal law rules apply unless UAPA says otherwise. Under UAPA, NIA can keep a suspect in custody for up to 180 days with court permission. Getting bail is harder because the court must believe the accused is not clearly guilty.

Does Guilt Presumption and Cooperation Work

In some cases, the court can assume the accused is guilty unless they prove otherwise. Anyone asked by NIA must give the needed information, even if other laws say otherwise.

Conclusion

Sections 43A to 43F give NIA strong powers to act against terrorism and unlawful activities. These powers include strict rules for arrests, longer detention, and mandatory cooperation. While tough, the law also adds safeguards to ensure fair use.

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TAGGED:ArrestArrest and DetentionInvestigationNational Investigation Agency (NIA) ActNIARaidUAPAUnlawful Activities Prevention Act
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