Preventive Detention
Public Safety Act, 1978 and Judicial Review
The Jammu and Kashmir Public Safety Act (PSA), 1978 allows authorities to detain a person without trial for up to two years if satisfied that the person's activities are prejudicial to the security of the state or maintenance of public order. It operates independently of, and alongside, the Unlawful Activities (Prevention) Act, 1967 (UAPA), India's principal anti-terror law.
- The PSA is a preventive detention law — detention is based on apprehension of future conduct, not a completed offence, and does not require a criminal trial
- It is structurally similar to the National Security Act, 1980, which applies elsewhere in India
- Constitutional safeguards against preventive detention are provided under Article 22(4)-(7), including reference to an Advisory Board, though preventive detention laws are exempted from certain due-process protections under Article 22
- Higher judiciary in Jammu and Kashmir has quashed a number of PSA detention orders on procedural grounds; the Supreme Court has separately extended due-process protections against prolonged incarceration to cases under the UAPA
● Tracked since March 14, 2026 · last seen August 08, 2026 · updates as the daily brief publishes
08 Aug '26
Human Rights Forum Report Renews Demand for J&K Statehood Restoration
Polity & Governance
29 Jun '26
West Bengal's 12-Month Preventive Detention Law and Constitutional Safeguards
Polity & Governance
27 Apr '26
J&K High Court Quashes PSA Detention: Limits on Preventive Detention Power
Polity & Governance
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