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Guilt by association doctrine (UPSC Notes)

Guilt by association doctrine (UPSC Notes)

Context:- Recently, the Supreme Court on Friday restored the doctrine of “guilt by association” in criminal jurisprudence in India

About Guilt by association doctrine:-
  • It is also known as the association fallacy.
  • It is officially defined as “guilt ascribed to someone not because of any evidence, but because of their association with an offender.”
  • Thus, an individual can face criticism or backlash as a result of their likeness to an existing group or entity.
  • Conversely, honour by association describes a situation where someone is lauded as a result of their affiliation with groups that are perceived in a positive light.
  • The Supreme Court restored the doctrine of “guilt by association” in criminal jurisprudence in India.
  •  It overruled a bunch of its 2011 judgments and declared that mere membership of a banned organisation will be a crime under the country’s anti-terror law — Unlawful Activities (Prevention) Act (UAPA), 1967
About the Unlawful Activities (Prevention) Act,1967:
  • It is an Indian law aimed at the prevention of unlawful activity and associations in India.
  • Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.
  • The most recent amendment of the law, the Unlawful Activities (Prevention) Amendment Act, 2019 (UAPA2019).
  • It has made it possible for the Union Government to designate individuals as terrorists without following any formal judicial process.

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