Is the burden on the Prosecution under Section 227 CrPC lower than under Section 43-D(5) of the UAPA?

Yes. The two provisions operate in different spheres and for different purposes. The purpose of Section 43-D(5) is to ensure that the rigour of bail is enhanced, and no bail may be granted unless the Court records prima facie satisfaction that the accusations are not true; under Section 227 it is enough for the Judge's consideration that a grave suspicion is made out by the Prosecution. The burden on the Prosecution is thus less in cases under Section 227 of the Cr.P.C. than in bail proceedings under Section 43-D(5).

Unlawful Activities (Prevention) Act, 1967 — ss.13, 15, 17, 18, 43-D(5) — Criminal Procedure Code, 1973 — s.227 — Discharge — Terrorist act — Raising of funds — Conspiracy — Prima facie case — Unlawful Activities (Prevention) Act, 1967 — ss.17 & 18 — Terrorist act — Stand alone offences, no actual commission — Held: Sections 17 and 18 are stand alone in nature and do not require the actual commission of a terrorist act as contemplated under Section 15. It suffices that the allegations relate to raising of funds, conspiracy, or an act preparatory to a terrorist act. (¶30) Criminal Procedure Code, 1973 — s.227 — Unlawful Activities (Prevention) Act, 1967 — s.43-D(5) — Discharge and bail — Different spheres, different burdens — Held further: Section 227 of the Cr.P.C. and Section 43-D(5) operate in different spheres and for different purposes. The burden on the Prosecution is less under Section 227, where a grave suspicion made out by the Prosecution suffices. (¶39, 41) Unlawful Activities (Prevention) Act, 1967 — s.13 — Terrorist organisation — Association before ban not innocuous — Held further: It is the manner of association with the organization that is relevant, and a ban taking effect later does not make association for the prior periods innocuous. Discharge declined; appeal dismissed. (¶32, 46)

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