The country got rid of the prevention detention only for a dried
period of one year i.e. is in 1970. However the parliament passed a new act
baked the maintenance of internal security act (known as MISA) in 1971, which
empowered the union and state government to detain without trial any person so
as to prevent him from acting in a harmful manner towards the security of the
country.
The COFEPOSA act of 1974 and FERA
also provided for prevention. The COFEPOSA is an economic counter part to the
MISA. The MISA was enacted to prevent subversive activities where as the
COFEPOSA aims at anti-social activity like smuggling and racketing foreign
exchange MISA expired in 1978 but COFEPOSA is still in force.
The MISA of 1971 was followed by
The National Security Act of 1980 (NSA). It was applicable to the entire
country except the state of Jammu & Kashmir. The act provides for the
detention of a personal in certain cases.
Features of the NSA include:
- Central and State government
has the power to detain people on certain grounds.
- No one can be detained for more
than three months.
- Retaining authorities must
submit their reports to the State and Central Government.
- Maximum period for detention is
12 months.
- There can be temporary release on bail for a
detained person.