The temporary release of person detained under the National Security Act is provided in Section _______ of the Act.

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  1. 18
  2. 15
  3. 17
  4. 16

Answer (Detailed Solution Below)

Option 2 : 15
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Detailed Solution

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The 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.
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