How Far Can 'Unlawful' Stretch? Maharashtra Is About to Find Out

MAHARASHTRA SECURITY PUBLIC SECURITY ACT, 2024

A new statutory power to declare organisations ‘unlawful’ is now in force in Maharashtra — here’s what it does, and what it could mean for the state.

REFERENCES

Official Publication: The Maharashtra Special Public Security Act, 2024 (Mah. Act No. XLVII of 2025) Maharashtra Government Gazette, Extraordinary, Part 8, 15 December 2025.
Applicable Law: MSPSA, 2024; Unlawful Activities (Prevention) Act, 1967; Maharashtra Control of Organised Crime Act, 1999; Bharatiya Nyaya Sanhita, 2023; Arts. 19 & 21, Constitution of India.

Somewhere in a government office in Mumbai, there’s a register of ‘unlawful organisations’. Supporters see it as a shield for a state that has spent decades fighting an armed insurgency in its eastern districts; others see it as a powerful new tool whose real reach depends on how it’s used. Either way, the Maharashtra Special Public Security Act, 2024 (“MSPSA”) is now the state’s most-discussed law, simple enough to read in one sitting, yet significant enough that, as of mid-2026, it sits before the Bombay High Court.

Section 2(g) of the Act - defines ‘unlawful organisations’, which states that, “any organization which indulges in or has in pursuance of its objects abets or assists or gives aid, or encourages directly or indirectly through any medium, devices or otherwise, any unlawful activity.”

Section 2(f) of the Act – defines ‘unlawful activity’ which covers, “any act, spoken/written word, sign, or representation that threatens public order and peace; obstructs the functioning of law, courts, or public institutions; intimidates or uses force against public servants or government forces; involves violence, vandalism, use of firearms/explosives, or disruption of transport and communication; promotes disobedience to established laws; or involves raising funds for any of these purposes.”

Quick Facts

How It Works, In Plain English

Strip away the legalese, and the MSPSA does three things: it lets the state government declare an organisation ‘unlawful’; it punishes members and helpers with two to seven years’ imprisonment; and it allows the seizure of the organisation’s property and funds. The stated target is “Urban Naxalism”, city-based sympathisers who allegedly fund and shelter Maoist insurgents active in Gadchiroli and neighbouring districts. The process: the government issues a notification in the Official Gazette; the organisation gets 15 days to respond; a three-member Advisory Board consisting of a Chairperson who is or has been a Judge of the High Court and two members, of which one shall be a retired District Judge and another shall be a Government Pleader of High Court, appointed by the State Government, reviews the case; and if upheld, the ban runs for one year, renewable annually. Challenges go to the High Court by Revision Petition or Writ Jurisdiction.

Who can be prosecuted under MSPSA

Prosecution requires a valid declaration by Advisory Board confirming the organisation as ‘unlawful’ under Sec 3-7 and also the conduct falling under one of the Sec 8’s four offences, which shall carry 2 to 7 years of imprisonment. It also needs a DIG's written permission to register the case, a DySP rank or above investigator, and an ADG-ranked officer's report before a court can take cognizance.

Positive Impact

Where Things Stand

The MSPSA is in force, but its operating Rules are still pending. The Congress (Maharashtra) and CPI have petitioned the Bombay High Court, arguing the Act’s wording could extend beyond its stated purpose; the State maintains it targets violent overthrow, not dissent. An appeal to the Supreme Court is widely expected either way, so a final answer is still some way off.

The Bottom Line

Like most laws of this kind, the MSPSA’s real character will be defined less by its text than by how it’s implemented. A story still being written by Maharashtra’s courts, its insurgency-affected districts, and its civil society.