(1) Whoever commits or conspires or attempts to commit or abets, advocates, advises, or knowingly facilitates the commission of, any disruptive activity or any act preparatory to a disruptive activity shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(2) For the purposes of sub-section (1), "disruptive activity" means any action taken, whether by act or by speech or through any other media or in any other manner whatsoever, -
(i) which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India; or
(ii) which is intended to bring about or supports any claim, whether directly or indirectly, for the cession of any part of India or the secession of any part of India from the Union.
Explanation – For the purposes of this sub-section, -
(a) "cession" includes the admission of any claim of any foreign country to any part of India, and
(b) "secession" includes the assertion of any claim to determine whether a part of India will remain within the Union.
(3) Without prejudice to the generality of the provisions of sub-section(2), it is hereby declared that any action taken, whether by act or by speech or through any other media or in any other manner whatsoever, which -
1. advocates, advises, suggests or incites; or
2. predicts, prophesies or pronounces or otherwise expresses, in such manner as to incite, advice, suggest or prompt, the killing or the destruction of any person bound by oath under the constitution to uphold the sovereignty and integrity of India or any public servant shall be deemed to be a disruptive activity within the meaning of this section.
(4) Whoever harbours or conceals, or attempts to harbour or conceal, any disruptiionist shall be punishable with imprisonment for a term which shall not be less than five years but which may be extend to imprisonment for life and shall also be liable to fine.
2.Habeas Corpus – In habeas corpus proceedings if the detention is legal at the time of the disposal of the petition the Court cannot order release of the person detained by issuing a writ of habeas corpus. Therefore, the legality or otherwise of the detention shall also be considered on the date of final disposal of the petition. Bacha Bora v. State of Assam, 1991 Cr LJ 2782 (Gau).