Role of External State and Non-State Actors — Legal Reforms

Entry	Year	Description	Impact
Unlawful Activities (Prevention) Amendment Act, 2019	2019	This amendment significantly strengthened the UAPA. It empowered the central government to designate individuals as 'terrorists' without having to declare an organization as a terrorist entity first. It also allowed the Director General of NIA to approve seizure or attachment of property in terror cases, even if the property is located in another state, without prior permission from the state police chief. Furthermore, it expanded the NIA's jurisdiction to investigate offenses committed outside India if they affect India's interests.	Enhanced the government's ability to act against individual terrorists, including those operating from abroad or with external links, and streamlined the NIA's investigative powers, particularly in cross-border cases. This directly impacts the ability to counter external state and non-state actors by targeting their operatives more effectively.
Foreign Contribution (Regulation) Amendment Act, 2020	2020	This amendment introduced several stringent provisions to the FCRA. It mandated that foreign contributions can only be received in a designated FCRA account in a State Bank of India branch in Delhi. It prohibited the transfer of foreign contributions to any other person or organization. It also reduced the administrative expenses limit for NGOs from 50% to 20% of the foreign funds received and made Aadhaar mandatory for registration of office bearers.	Aimed at increasing transparency and accountability in the use of foreign funds, thereby curbing their potential diversion for activities detrimental to national interest, including those supported by external actors. While enhancing oversight, it also led to concerns among some NGOs regarding operational difficulties and restrictions on civil society space.
National Investigation Agency (Amendment) Act, 2019	2019	This amendment expanded the list of scheduled offenses that the NIA can investigate to include human trafficking, offenses under the Explosive Substances Act, cyber-terrorism, and offenses under the Atomic Energy Act. Crucially, it also provided for the NIA to investigate offenses committed outside India, subject to international treaties and domestic laws, if they affect India's interests.	Significantly broadened the NIA's mandate and geographical reach, enabling it to tackle a wider array of transnational crimes and terror activities, including cyber-terrorism and human trafficking, which often have external actor linkages. The extra-territorial jurisdiction is particularly vital for pursuing cases against foreign-based perpetrators.