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Preventive detentions

Posted on : 07 Feb 2020

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  • The Jammu & Kashmir Public Safety Act, 1978 is a preventive detention law, under which a person not below 18 years of age is taken into custody to prevent him or her from acting in any manner that is prejudicial to “the security of the state or the maintenance of the public order”.
  • The law was introduced by Sheikh Abdullah in 1978. It was brought in to prevent timber smuggling, and keep the smugglers in prison. 
  • Under this law a person can be detained up to two years without a trial.
  • It is similar to the National Security Act, but this was enacted two years before the NSA came into being.
  • In police custody, a person has to be produced before a magistrate within 24 hours of detention. But the PSA allows the State to hold a person without producing them in court. That is why Farooq Abdullah was detained under PSA so that he can’t be produced before the court.
  • PSA is imposed by Divisional Commissioner or District Magistrate and not by a detention order by police based on specific allegations or for specific violation of laws.
  • The amendment brought in by Governor in 2018 has allowed that persons detained under the PSA in Jammu & Kashmir can now be detained in jails outside the state.

Article Related Questions

  1. Consider the following statements about Preventive detentions
    1.National Security Act and Public Security Act are the laws for preventive detentions in India.
    2.Public Security Act is applicable in Jammu and Kashmir only
    Which of the following statement(s) given above is/are correct?

  2. 1.1 only

    2.2 only

    3.Both 1 and 2

    4.Neither 1 nor 2

    Right Ans : Both 1 and 2

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