Question
Download Solution PDFThe temporary release of person detained under the National Security Act is provided in Section _______ of the Act.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Section 15.
Key Points
- Section 15 of the National Security Act, 1980 provides for the temporary release of a person detained under the Act.
- This section allows the appropriate government to release a detainee on grounds such as health conditions or other specified reasons.
- The release is granted under certain conditions and restrictions that must be adhered to by the detainee.
- Non-compliance with the stipulated conditions of release can result in the cancellation of the temporary release and re-detention of the individual.
- The National Security Act aims to prevent activities that threaten the security of India, public order, or essential services.
Additional Information
- National Security Act (NSA), 1980:
- It is a preventive detention law enacted by the Indian Parliament to maintain public order and safeguard national security.
- Under the Act, a person can be detained for up to 12 months without a formal charge or trial.
- The detention order can be issued by the central or state government or by authorized district magistrates.
- Preventive Detention:
- This refers to the detention of a person to prevent them from committing an act that could disrupt public order or national security.
- It differs from punitive detention, which is aimed at punishing an individual for a committed offense.
- Key Provisions of the NSA:
- The detainee is not entitled to legal representation in advisory board proceedings.
- The grounds of detention must be communicated to the detainee, but the government can withhold information if it is deemed against public interest.
- Criticism of NSA:
- The Act has been criticized for its potential misuse as it allows detention without trial, which may infringe on individual rights.
- There is often a lack of judicial oversight, raising concerns about arbitrary detention.
Last updated on Jul 4, 2025
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