Kerala Anti-Social Activities Prevention Act

The Kerala Anti-Social Activities Prevention Act (KAAPA) is a law enacted in Kerala to prevent anti-social activities. The Act was enacted in 2007 and amended in 2014. The term of remand for arrest under this Act is one year. Jail sentence is decided by considering the two categories of gangster and rowdy.

This law precisely defines gangsters and rowdies. Those involved in anti-social activities like illegal sand smugglers, blade gangs who give money on interest, accused in the Abkari case, will be treated as hooligans and those active in extortion and quotation activities as rowdies. Those accused in three cases or convicted in one case are remanded in custody under the Gangster Act.

Those covered by the Act

Those who disturb public security and peace, known gangsters, illegal liquor sellers, traffickers, sellers, and their close relatives, fake note makers, distributors, sand mafia, fake CD makers, distributors, drug manufacturers, smugglers, and sellers all come under the purview of the law. Apart from this, those who smuggle money from foreign countries through hawala transactions, those who attack people for money, those who engage in unethical activities, etc. The law also includes those who, after paying for the blade, take it back with threats and assault. The 2014 amendment also brought under the purview of the Act money-making institutions without the approval of the State Co-operative Act or the Reserve Bank, and those who illegally usurp the land of others or the government.

The DIG or the District Magistrate will be empowered to prevent known hooligans and rowdies from entering certain places for one year. The Act empowers the District Magistrate to order that any area be disturbed. The High Court has clarified that Kappa law can also be imposed on the accused in drug cases.

The High Court has clarified that even if an out-of-court settlement is reached in criminal cases, taking into account the nature of the crime, action can be taken against the accused under the KAAPA Act (Gundas Act).

The Act also provides for an inspection committee headed by a retired judge to intervene and prevent misuse of the provisions of this Act. It also has protective clauses that prevent the defendants from being brought under the ambit of this Act in cases of property disputes and family disputes.

Probabilities of imposing KAAPA

• This will consider the case within seven years.
• One case punishable by more than five years or two cases punishable by one year to five years. or three cases should be on trial.