Under the National Security Act, a “detention order” means an order made under ________.

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UP Police SI (दरोगा) Official PYP (Held On: 21 Nov 2021 Shift 1)
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  1. Section 5
  2. Section 3
  3. Section 2
  4. Section 4

Answer (Detailed Solution Below)

Option 2 : Section 3
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UP Police SI (दरोगा) Official PYP (Held On: 2 Dec 2021 Shift 1)
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The correct answer is 'Section 3 of the National Security Act.'

Key Points

  • National Security Act (NSA):
    • The National Security Act, 1980, is a preventive detention law aimed at safeguarding national security and maintaining public order.
    • Under this act, the government can detain individuals without formal charges or trial if their actions are seen as a threat to the security of India or public order.
  • Section 3 of the NSA:
    • Section 3 empowers authorities to issue a "detention order" to detain a person for a specified period if it is necessary to prevent them from acting in a manner prejudicial to national security or public order.
    • The detention order can be issued by the central government, state government, or an authorized officer.
    • This section is the core provision that enables preventive detention under the NSA.

Additional Information

  • Overview of other sections:
    • Section 5:
      • Section 5 deals with procedural aspects, including the powers to revoke or modify a detention order.
      • It does not directly authorize the issuance of a "detention order," making it an incorrect choice.
    • Section 2:
      • Section 2 provides definitions of key terms used in the NSA, such as "appropriate government" and "detention order."
      • It lays the groundwork for understanding the act but does not pertain to the issuance of detention orders.
    • Section 4:
      • Section 4 addresses the maximum period of detention under the NSA and the extensions that may be granted.
      • While it is important, it does not concern the issuance of detention orders.
  • Significance of Section 3:
    • Section 3 is central to the NSA as it enables preventive detention, which is considered essential for maintaining national security and public order in certain circumstances.
    • It provides broad powers to authorities, but its use is often scrutinized to prevent misuse and ensure adherence to constitutional rights.
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