New Delhi: In the aftermath of the Delhi Red Fort blast, police officials have invoked two of India's most stringent legal provisions: The Unlawful Activities (Prevention) Act (UAPA) and the Explosives Act, signalling that authorities are treating the incident as a premeditated terrorist attack with potentially far-reaching conspiracies. At least eight people were killed and several injured after the i20 car used in a high-intensity explosion ripped through a traffic signal near the Red Fort Metro station on Monday, November 10 evening. An FIR registered at Kotwali police station on Tuesday specifically invokes Sections 16 and 18 of the UAPA, alongside provisions of the Explosives Act and the Bharatiya Nyaya Sanhita. But what do these laws entail, and why are they significant in terror-related cases?

UAPA Act: India's Primary Anti-Terror Law

The UAPA is India's principal legislative weapon against terrorism, originally enacted in 1967 and subsequently strengthened through major amendments in 2004, 2008, and 2019. The law grants the government sweeping powers to designate individuals and organizations as "terrorists" and ban "unlawful associations." In the Red Fort case, two specific sections have been invoked:

• Section 16 (Punishment for Terrorist Act): This is the law's core provision dealing with the commission of terrorist acts. It prescribes penalties ranging from five years to life imprisonment and can also include the death penalty in cases where the attack results in fatalities, as in the Red Fort blast. Under UAPA, a "terrorist act" is broadly defined to include any act intended to threaten India's unity, integrity, security, or economy, or to strike terror among the people. The high casualty count and the target location, near one of Delhi's most iconic monuments, clearly fall within this definition. 
• Section 18 (Punishment for Conspiracy): Perhaps more significantly, this section criminalizes the very act of conspiring to commit a terrorist act. This means that even if individuals haven't directly carried out the attack, merely planning or facilitating such an act makes them liable for prosecution. The punishment ranges from a minimum of five years to life imprisonment, along with fines. This provision is particularly relevant given that investigators have revealed the car used in the explosion was purchased by an individual from Pulwama, and authorities are probing links to the recently uncovered Faridabad terror module with thirteen individuals under scrutiny.

What makes UAPA particularly stringent, and controversial, are its procedural provisions that differ dramatically from ordinary criminal law. The law allows detention of suspects for up to 180 days without filing a chargesheet, compared to the 60-90 days permitted in regular criminal cases. This gives investigators significantly more time to build their case while suspects remain in custody. Obtaining bail under UAPA is extraordinarily difficult. The law imposes strict conditions that presume the accused guilty unless they can prove otherwise, a reversal of the normal presumption of innocence. Once charges are formally framed, securing bail becomes even more challenging. Investigating officers of at least Inspector rank can be granted powers similar to those of a Superintendent of Police, enabling more efficient coordination and decision-making during complex terror investigations. These provisions explain why Delhi Police have placed the national capital on high alert, with strict vigil at airports, railway stations, and bus terminals, while conducting overnight raids across hotels in Paharganj, Daryaganj, and neighboring localities. Four individuals have already been detained for questioning.

The Explosives Act, 1884: A Colonial-Era Law Still in Force

Alongside UAPA, authorities have invoked the Explosives Act, 1884 which is one of India's oldest laws, dating back to the British colonial period. Despite its age, it remains the primary legislation regulating the manufacture, possession, use, sale, transport, and import/export of explosive materials. The Act makes unauthorized possession, manufacture, or use of explosives a criminal offense, carrying punishment of imprisonment up to seven years and fines. The law's scope is comprehensive, covering everything from military-grade explosives like dynamite and TNT to commercial fireworks and ammunition. It mandates strict licensing for any lawful possession or use of explosives. This provision becomes crucial in terror investigations, as it helps authorities trace the supply chain of explosive materials used in attacks.

In the Red Fort case, where the explosion gutted several vehicles at the busy traffic signal, invoking the Explosives Act allows investigators to pursue charges related to the illegal procurement, transportation, and use of explosive materials, in addition to the terror-related charges under UAPA. The invocation of both UAPA and the Explosives Act indicates that investigators are pursuing a comprehensive approach, targeting not just the perpetrator who drove the car, but the entire conspiracy network that may have planned, financed, and facilitated the attack. This includes anyone who may have helped procure explosives, provided logistical support, or harboured the attackers.

Investigation Underway

More than 100 CCTV clips, including footage from toll plazas and nearby routes, are being analyzed to trace the complete movement of the suspect vehicle, which reportedly entered Delhi via Badarpur from Haryana. CCTV footage obtained by police shows the suspect's vehicle entering and later leaving the parking area near the Red Fort, with the suspect appearing to be alone at the time. North Delhi Deputy Commissioner of Police Raja Banthia stated, "The investigation is underway, and it's too early to draw conclusions. Forensic teams are collecting evidence from the site to identify the nature of the explosion."

Pakistan has reportedly issued a Notice to Airmen (NOTAM) effective from November 11-12, signaling enhanced airspace restrictions along border regions, and placed its military on red alert with the Air Force activating air defense infrastructure amid intelligence assessments pointing to potential cross-border escalation. As raids continue at multiple locations and investigators piece together the conspiracy, the stringent provisions of UAPA and the Explosives Act will serve as the legal foundation for what promises to be a complex, multi-layered prosecution aimed at dismantling the terror network behind Monday's deadly attack.

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