Saga of Preventive Detention in India

In India, the power to enact preventive detention laws is divided between the Union (Parliament) and the State Legislatures. According to the Seventh Schedule of the Constitution:

  • The Union has exclusive power for reasons connected with defense, foreign affairs, or the security of India (List I, Entry 9).
  • Both the Union and States have concurrent power for reasons connected with the security of a State, maintenance of public order, or maintenance of supplies and services essential to the community (List III, Entry 3).

Below is a list of the primary preventive detention laws categorized by the Union and various States/UTs.

Detention

Union Government (Central Laws)

These laws are enacted by Parliament and apply across the country, though they are often executed by state-level machinery.

Act NamePurpose
National Security Act (NSA), 1980General preventive detention for security of the state and public order.
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974Prevention of smuggling and conservation of foreign exchange.
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS), 1988Prevention of drug trafficking.
Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980To prevent activities prejudicial to the supply of essential goods.
Unlawful Activities (Prevention) Act (UAPA), 1967While primarily a criminal law, it contains provisions that allow for extended detention during investigation.

Union Territories

UTs are directly governed by the Union; therefore, the Union laws are their primary framework, but some have unique local extensions.

Union TerritoryPrimary Law(s)
Jammu & KashmirJ&K Public Safety Act (PSA), 1978
LadakhJ&K Public Safety Act, 1978 (Retained after reorganization)
Delhi (NCT)National Security Act (NSA), 1980
PuducherryNational Security Act (NSA), 1980
LakshadweepPrimarily Central Acts (NSA, PITNDPS)
Others (D&NH, DD, etc.)National Security Act (NSA), 1980

State Governments

Many states have specific “Prevention of Dangerous Activities” acts (often called Goonda Acts).

StatePrimary Preventive Detention Law(s)
Andhra PradeshAP Prevention of Dangerous Activities of Bootleggers, Dacoits… Act, 1986
Arunachal PradeshArunachal Pradesh Unlawful Activities (Prevention) Act, 2014
AssamAssam Preventive Detention Act, 1980
BiharBihar Control of Crimes Act, 1981
ChhattisgarhChhattisgarh Rajya Suraksha Adhiniyam, 1990 (Inherited from MP)
GoaRelies on National Security Act (NSA), 1980
GujaratGujarat Prevention of Anti-Social Activities Act (PASA), 1985
HaryanaRelies on National Security Act (NSA), 1980
Himachal PradeshHP Armed Bands (Arrest and Detention) Act, 1969; also relies on NSA
JharkhandJharkhand Control of Crimes Act, 2002
KarnatakaKarnataka Prevention of Dangerous Activities… Act, 1985 (Goonda Act)
KeralaKerala Anti-Social Activities (Prevention) Act (KAPPA), 2007
Madhya PradeshM.P. Rajya Suraksha Tatha Lok Vyavastha Adhiniyam, 1980
MaharashtraMaharashtra Prevention of Dangerous Activities (MPDA) Act, 1981
ManipurManipur Prevention of Anti-Social Activities Act, 2023
MeghalayaMeghalaya Preventive Detention Act, 1995
MizoramRelies on National Security Act (NSA), 1980
NagalandNagaland Security Regulation, 1962
OdishaOdisha Preventive Detention Act, 1970
PunjabRelies on National Security Act (NSA), 1980
RajasthanRajasthan Prevention of Anti-Social Activities Act, 2006
SikkimRelies on National Security Act (NSA), 1980
Tamil NaduTamil Nadu Prevention of Dangerous Activities… Act, 1982 (Goondas Act)
TelanganaTelangana Prevention of Dangerous Activities… Act, 1986
TripuraRelies on National Security Act (NSA), 1980
UttarakhandRelies on National Security Act (NSA), 1980
Uttar PradeshU.P. Control of Goondas Act, 1970; U.P. Gangsters Act, 1986
West BengalWest Bengal Prevention of Violent Activities Act, 1970

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