Are you curious to know what is PD act? You have come to the right place as I am going to tell you everything about PD act in a very simple explanation. Without further discussion let’s begin to know what is PD act?
What Is PD Act?
The Prevention of Dangerous Activities Act (PD Act) is a legal provision in India that allows the authorities to detain a person for a period of up to one year without trial if they are suspected of being a threat to public safety or involved in illegal activities.
The PD Act was first introduced in the state of Andhra Pradesh in 1980 to combat organized crime and activities that were deemed to be a threat to public safety. Since then, other Indian states have also adopted similar provisions.
Under the PD Act, the authorities can detain a person if they believe that there are reasonable grounds to believe that the person has been involved in certain dangerous activities. These activities include:
- smuggling of goods, arms, or ammunition
- the illicit trafficking of narcotic drugs and psychotropic substances
- hoarding, black-marketing, or profiteering in essential commodities
- abduction or kidnapping for ransom
- committing or abetting the commission of terrorism or disruptive activities
- indulging in activities that are prejudicial to the maintenance of public order and safety
The authorities must provide the detained person with a show-cause notice within five days of the detention, explaining the grounds on which they have been detained. The detained person has the right to make a representation against the detention, which will be considered by an advisory board appointed by the state government.
If the advisory board confirms the detention, the detained person can challenge the decision in a court of law. However, if the detention is upheld, the detained person can be kept in custody for up to one year without trial.
Critics of the PD Act have raised concerns about the potential misuse of the provision, as it allows the authorities to detain a person without trial for a significant period of time. They argue that this can lead to the violation of the individual’s human rights and may be used to target political opponents or activists.
Conclusion
The PD Act is a legal provision in India that allows the authorities to detain a person for up to one year without trial if they are suspected of being a threat to public safety or involved in illegal activities. While it has been used to combat organized crime and other dangerous activities, critics have raised concerns about its potential misuse and violation of individual rights. It is important for the authorities to use the provision judiciously and ensure that the human rights of the detained person are protected.
FAQ
What Is The Preventive Detention Act?
In 1984 the U.S. Congress adopted a preventive detention act allowing federal courts to detain arrestees pending trial if the government could show that no release conditions could protect the safety of persons and the community.
What Is The Preventive Detention Act In India?
Preventive detention means the detention of a person without trial and conviction by a court. Its purpose is not to punish a person for a past offence but to prevent him from committing an offence in the near future.
In Which Year Was The Preventive Detention Act Implemented?
Preventive Detention Act 1950
It was enacted to strengthen human detention in instances involving state conditions, such as national defence, the maintenance of peace and public order, and foreign affairs.
What Is Preventive Detention Under Article 22?
Article 22 after providing that any person arrested must be produced before a court within 24 hours of arrest tenders this almost nugatory by permitting the state to preventively detain persons without any judicial scrutiny.
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