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UP Gangsters & Anti-Social Activities (Prevention) Act, 1986

The *Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986* (U.P. Act No. 7 of 1986) was enacted on 19th March 1986 to combat organized crime and anti-social activities in Uttar Pradesh. The Act provides stringent measures to deter gang-related violence, extortion, and other disruptive activities, ensuring public order and safety. It was introduced during a period of rising organized crime and has since been amended to address evolving challenges, including human trafficking, cybercrime, and terrorism.

Definition of Key Terms (Section 2)
Gang: A group engaging in violence, intimidation, or coercion to disturb public order or gain undue advantage.
Gangster: Includes members, leaders, or anyone aiding gang activities, even after the crime.
Anti-Social Activities: Encompasses 25+ offenses, from extortion (IPC Sections 384–389) to illegal arms trafficking, human trafficking, and cybercrimes (added via 2016 amendment).
Penalties (Section 3)
For Gangsters: Minimum 2 years (extendable to 10 years) imprisonment and a fine of ₹5,000+. Attacks on public servants attract 3+ years imprisonment.
For Corrupt Officials: Public servants aiding gangsters face 3–10 years imprisonment and fines.
Special Rules of Evidence (Section 4)
Courts can presume guilt if the accused:
Has a history of preventive detention or externment
Possesses unexplained wealth (disproportionate to income).
Is involved in kidnapping (presumed for ransom).
Trials can proceed in absentia if the accused evades court.
Special Courts (Sections 5–10)
Establishment: Constituted by the state for speedy trials. Judges are appointed with the High Court’s approval.
Jurisdiction: Handles cases within their territorial limits, even if crimes occurred before the court’s creation.
Summary Trials: For offenses with ≤3 years imprisonment, ensuring swift justice.
1986: Enacted to curb gang violence, replacing the 1986 Ordinance.
2016 Amendment: Expanded the definition of "anti-social activities" to include modern crimes like cybercrime, human trafficking, and fake currency circulation.
COVID-19 Era: Used to address crimes exploiting the pandemic (e.g., hoarding, fraud).
Strengths:
Deterrence: Harsh penalties and asset seizures cripple gang networks.
Speed: Special courts ensure timely justice.
Adaptability: Regular amendments keep pace with new crime trends.
The UP Gangsters Act is a robust legal tool against organized crime, balancing stringent measures with judicial safeguards. While effective in curbing violence and corruption, its application must avoid overreach to protect civil liberties. The Act reflects the state’s commitment to maintaining law and order in a challenging socio-political landscape.

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