Constitutional & Criminal Law / rights guide

Preventive Detention (NSA, PSA, Goondas Act)

Challenging arbitrary preventive detention without trial under National Security Act, State Goondas Acts, and Public Safety legislations.

Statutory provisions and authorities

  • Article 22(3) to 22(7) Constitution of India
  • National Security Act, 1980 (NSA § 3 & § 8)
  • State Goondas / Prevention of Dangerous Activities Acts
  • Pebam Ningol v. State of Manipur (2010)

Citizen safeguards

  • Right to receive grounds of detention in a language the detenu understands within 5 days
  • Right to make a representation to the Government and the Advisory Board at earliest opportunity
  • Right against mechanical detention when regular criminal law remedies (bail) suffice
  • Right to personal hearing before the Advisory Board within 3 months

Procedural guide

Resisting Preventive Detention Without Trial

Preventive detention is an exceptional constitutional power where an individual is imprisoned not for what they did, but on subjective apprehension of what they might do. Because it bypasses regular criminal trial, courts subject detention orders to strict judicial scrutiny.

1. Grounds for Quashing Detention Orders

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