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Preventive detention is an imprisonment that is putatively justified for non-punitive ... It was given the royal assent on 18 June 2012 and gazetted on 22 June 2012. [23]
Article 22 of the Constitution laid down the scheme under which a preventive detention law could be enacted. The PD Act 1950 was enacted and it continued to be on the statute book until the Maintenance of Internal Security Act (MISA) was enacted in 1971. The MISA was repealed in 1977.
Communist leader A.K Gopalan had been under detention since December 1947, since his sentencing under ordinary criminal law. Those convictions were subsequently set aside. On 1 March 1950, while he was in Madras jail, Gopalan was served with an order made under Section 3(1) of the Preventive Detention Act, 195
The Constitution also authorizes the State to make laws providing for preventive detention, subject to certain other safeguards present in Article 22. [40] The provisions pertaining to preventive detention were discussed with scepticism and misgivings by the Constituent Assembly, and were reluctantly approved after a few amendments in 1949. [41]
The Jammu and Kashmir Public Safety Act, 1978 (PSA) is a preventive detention law under which a person is taken into custody to prevent them from acting harmfully against "the security of the state or the maintenance of the public order" in the Indian state of Jammu and Kashmir (now a union territory).
The Preventive Detention Act was distinct from the Criminal Code, focusing on preventing future harmful acts rather than punishing past ones. Article 13(1) of the Constitution imposed a moral, not legal, obligation on the President, similar to the Queen of England's Coronation Oath. The declaration did not constitute a bill of rights or create ...
The Maintenance of Internal Security Act (MISA) was a controversial law passed by the Indian parliament in 1971 giving the administration of Prime Minister Indira Gandhi and Indian law enforcement agencies very broad powers – indefinite preventive detention of individuals, search and seizure of property without warrants, and wiretapping – in the quelling of civil and political disorder in ...
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest.