Chapter II Chapter II

(1) The State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and there is reason to fear that the activities of anti-social elements can not be prevented otherwise than by the immediate arrest of such person, make an order directing that such anti-social element be detained. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate, the State Government is satisfied that it is necessary so to do, it may by an order in writing direct, that during such period as may be specified in the order, such District Magistrate may also, if satisfied as provided in sub-section (1) exercise the powers conferred upon by the said sub-section: Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time. (3) When any order is made by District Magistrate, he shall forthwith report, the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than 12 days after the making thereof unless, in the meantime, it has been approved by the State Government: Provided that where under Section 17 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that, for the words "twelve days", the words "fifteen days" shall be substituted. [12A. Grounds of detention severable. - (1) Where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the Jharkhand Control of Crimes Act, 2002 under section 12 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly- (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the ground(s) is or are.- (i) vague; (ii) non-existent; (iii) non-relevant; (iv) not connected or not proximately connected with such person; or (v) invalid for any other reason whatsoever. and it is not therefore possible to hold that the Government or officer making such order would have been satisfied as provided in section 12 with reference to the remaining ground or grounds and made the order of detention. (b) The Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in the section with reference to the remaining ground or grounds].

otherwise than by the immediate arrest of such person, make an order directing that such anti-social element be detained.

1. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate, the State Government is satisfied that it is necessary so to do, it may by an order in writing direct, that during such period as may be specified in the order, such District Magistrate may also, if satisfied as provided in sub-section (1) exercise the powers conferred upon by the said sub-section: Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.
2. (3) When any order is made by District Magistrate, he shall forthwith report, the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than 12 days after the making thereof unless, in the meantime, it has been approved by the State Government: Provided that where under Section 17 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the

date of detention, this sub-section shall apply subject to the modification that, for

the words "twelve days", the words "fifteen days" shall be substituted. [12A. Grounds of detention severable. - (1) Where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the Jharkhand Control of Crimes Act, 2002 under section 12 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-

1. (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the ground(s) is or are.-
   • (i) vague;
   • (ii) non-existent;
   • (iii) non-relevant;
   • (iv) not connected or not proximately connected with such person; or
   • (v) invalid for any other reason whatsoever. and it is not therefore possible to hold that the Government or officer making such order would have been satisfied as provided in section 12 with reference to the remaining ground or grounds and made the order of detention.
2. (b) The Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in the section with reference to the remaining ground or grounds].

The detention order may be executed any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 1974).

Every person in respect of whom a detention order has been made shall be liable- (a) to be detained in such place and under such conditions, including conditions as to maintenance of discipline and punishment for breaches or discipline as the State Government may, by general or special order, specify; and (b) to be removed from one place of detention to another place of detention,by order of the State Government.

1. (a) to be detained in such place and under such conditions, including conditions as to maintenance of discipline and punishment for breaches or discipline as the State Government may, by general or special order, specify; and
2. (b) to be removed from one place of detention to another place of detention,by order of the State Government.

No detention order shall be invalid or inoperative merely be reason- (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the State Government, or officer making the order; or (b) that the place of detention of such person is outside the said limits.

1. (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the State Government, or officer making the order; or
2. (b) that the place of detention of such person is outside the said limits.

District Magistrate mentioned in sub-section (2) of Section 12 has reason to believe that a person in respect of whom a detention order has been made, has absconded or is concealing himself so that the order cannot be executed, the Government or the District Magistrate may-

1. (a) make a report in writing of the fact to a Chief Judicial Magistrate or a Judicial

Magistrate of the first class having jurisdiction in the place where the said person

ordinarily resides;

1. (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order.

1. (2) Upon the making of a report against any person under clause (a) of subsection (1), the provisions of Sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply in respect of such person and his property as if the detention order against him were a warrant of arrest issued by the Magistrate.
2. (3) If any person fails to comply with any order issued under clause (b) of subsection (1), he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
3. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)) every offence under sub-section (3) shall be cognizable.

order. - (1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Government.

1. (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.

The State Government shall, whenever necessary, constitute Advisory Board for the purpose of this Act.

1. (2) The Board shall consist of three persons who are or, have been, or are qualified to be appointed as Judges of High Court, and such persons shall be appointed by the Government.
2. (3) The Government shall appoint one of the members of the Advisory Board, who is or has been, a Judge of a High Court to be its Chairman.

Act, in every case where a detention order has been made under this Act, the Government shall, within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted by it under Section 18, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by the

Procedure of Advisory Board. - (1)The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from any Government or from any person

called for the purpose through the Government or from any person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the Government within seven weeks from the date of detention of the person concerned.

1. (2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board, as to whether or not there is sufficient cause for the detention of the person concerned.
2. (3) When there is difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.
3. (4) Nothing in this Section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.

(1) In any case where the Advisory Board has reported that there is, in its opinion sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.

1. (2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of a person, the Government shall revoke the detention order and cause the person concerned to be released forthwith.

The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under Section 21 shall be twelve months from the date of detention:

Revocation of detention orders. - (1) Without prejudice to the provision of Section 21 of the General Clauses Act. 1897 (10 of 1897), detention order may, at any time, be revoked or modified-

1. (i) Notwithstanding that the order has been made by an officer mentioned in sub- section (2) of Section 12, or by the State Government to which that officer is subordinate.

1. (2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under Section 12 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the State

Temporary release of persons detained. - (1) The Government may, at any time, direct that any person detained in pursuance of detention order may be released for any specified period either without conditions or upon such conditions specified in the detention as that person accepts and may, at any time, cancel his release.

1. (2) In directing the release of any person under sub-section (1), the Government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction.
2. (3) Any person released under sub-section (1), shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release as the case may be.
3. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
4. (5) If any person released under sub-section (1), fails to fulfil any of the conditions

imposed upon him under the said sub-section or in the bond entered into by him,

the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.