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Polity & Governance GS 2 In the news 5 times

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.

Key details
  • 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
In the news

● Tracked since March 14, 2026 · last seen August 08, 2026 · updates as the daily brief publishes

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