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itz smr   02 June 2022

execution of PSA warrant

can we execute PSA warrant of person under police remand without changing custody.


Learning

 1 Replies

Mahi Manchanda   22 June 2022

Hi,

The Public Safety Act (PSA), 1978, of Jammu & Kashmir is a law that allows detention of any individual for up to two years without a trial or charge. It allows for the arrest and detention of people without a warrant, specific charges, and often for an unspecified period of time.

Yes, It can be applied on a person already in police custody or even on someone immediately after being granted bail by a court. Additionally, Supreme Court has held that when a person already under police custody is charged with the PSA, the District Magistrate has to record “compelling reasons” for detaining that person.

I hope this answered your question.

Have a good day!

 


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