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Andhra Pradesh Preventive Detention Act, 1970

Andhra Pradesh Preventive Detention Act, 1970

Criminal197018 sections

The Andhra Pradesh Preventive Detention Act, 1970 empowers the state government to detain individuals without a criminal trial to prevent actions that threaten public order or security. Applying to anyone within Andhra Pradesh deemed a potential threat, the law establishes strict procedures for executing detention orders, informing detainees of the grounds within five days, and allowing them to submit representations. An independent Advisory Board must review each case within thirty days, capping maximum detention at twelve months. This Act matters because it balances state security powers with mandatory procedural safeguards to protect personal liberty.

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  1. 1. THE ANDHRA PRADESH PREVENTIVE DETENTION ACT, 1970.
  2. 2. Definitions - In this Act, unless the context otherwise requires,
  3. 3. Power to make orders detaining certain persons
  4. 4. Execution of detention orders - A detention order may be executed in the manner provided for the execution of warrants of arrest under the 1[Code of Criminal Procedure, 1898 (Central Act V of 1898).
  5. 5. Powers to regulate place and conditions of detention - Every person in respect of whom a detention order has been made shall be liable-
  6. 6. Detention orders not to be invalid or inoperative on certain grounds – No detention order shall be invalid or inoperative merely by reason
  7. 7. Powers in relation to absconding persons
  8. 8. Grounds of order of detention to be disclosed to persons affected by the order
  9. 9. Constitution of Advisory Board
  10. 10. Reference to Advisory Board - In every case where a detention order has been made under this Act, the Government shall, within thirty days from the date of the detention under the order, place before the Advisory Board
  11. 11. Procedure of Advisory Boards
  12. 12. Action upon the report of the Advisory Board
  13. 13. Maximum period of detention
  14. 14. Revocation of detention orders
  15. 15. Temporary release of persons detained
  16. 16. Protection of action taken under the Act - No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act.
  17. 17. Continuance of detention orders made under the Preventive Detention Act, 1950 - Every detention order made under sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (1) of section 3 of the Preventive Detention Act, 1950 (Central Act IV of 1950) by the Government of Andhra Pradesh or by any officer of that Government mentioned in sub-section (2) of that section as in force immediately before the commencement of this Act, shall continue in force and shall have effect, as if this Act had been in force on the date of the making of that order and as if that order had been made under this Act.
  18. 18. Repeal of Ordinance 6 of 1969 - The Andhra Pradesh Preventive Detention Ordinance, 1969 is hereby repealed.

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