The JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978

PUBLIC SAFETY ACT, 1978
(Act No. VI of 1978)
THE JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978
(Act No. VI of 1978)
CONTENTS
SECTION.
CHAPTER I
Preliminary
1. Short title and extent.
2. Defenitions.
CHAPTER II
Access to certain premises and areas
3. Prohibited places.
4. Protected areas.
5. Forcing or evading a guard.
CHAPTER III
Maintenance of communal and regional harmony
6. Power to prohibit circulation within the State or entry into the State of certain
documents.
7. Removal of doubts.
CHAPTER IV
Power to make orders detaining certain persons
8. Detention of certain persons.
9. Execution of detention orders.
10. Power to regulate place and conditions.
10-A. Grounds of detention severable.
11. Detention orders not to be invalid or inoperative on certain grounds.
12. Powers in relations to absconding persons.
266 PUBLIC SAFETY  ACT, 1978
SECTION.
13. Grounds of order of detention to be disclosed to persons affected by the
order.
14. Constitution of Advisory Board.
15. Reference to Advisory Board.
16. Procedure of Advisory Board.
17. Action upon report of Advisory Board.
18. Maximum period of detention.
19. Revocation of detention orders.
20. Temporary release of persons detained.
CHAPTER V
Miscellaneous
21. Cognizance of offences under this Act.
22. Protection of action taken under this Act.
23. Power to make rules.
24. Repeal and saving.
–––––––
PUBLIC SAFETY ACT, 1978 267
THE JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978
(Act No. VI of 1978)
[Received the assent of the Governor on 8th April, 1978 and is pub-
lished in Government Gazette dated 8th April, 1978].
Whereas it is necessary in the interest of the security of the 
1
[Union
territory of Jammu and Kashmir] and public order to make law providing for the
measures hereinafter appearing.
Now, therefore, it is enacted by the Jammu and Kashmir State Legislature
in the Twenty-ninth Year of the Republic of India as follows :––
CHAPTER I
Preliminary
1. Short title and extent. ––(1) This Act may be called the Jammu and
Kashmir Public Safety Act, 1978.
(2) It extends to the whole of 
2
[Union territory of Jammu and Kashmir].
2. Defenitions.–– In this Act, unless there is anything repugnant in the
subject or context,––
(1) “the Code” means the 
3
[Code of Criminal Procedure, 1973 (2 of
1974)] ;
(2) “notified” and “notification”means notified and notification respec-
tively in the 
4
[Government Gazette].
CHAPTER II
Access to certain premises and areas
3. Prohibited places. ––(1) If as respects any place the Government
considers it necessary or expedient that special precautions should be taken
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
2. Construed by S.O. 3912(E) dated 30.09.2019 for “Jammu and Kashmir State”.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “Code of Criminal Procedure, Samvat
1989”.
4. Now Official Gazette.
268 PUBLIC SAFETY  ACT, 1978
to prevent the entry of unauthorised persons, the Government may, by noti-
fied order, declare that place to be a prohibited place.
(2) No person shall, without the permission of the Government or the
authority specified by the Government, enter or be on or in, or pass over, or
loiter in vicinity of, any prohibited place.
(3) Where in pursuance of sub-section (2) any person is granted permis-
sion to enter, or to be on or in, or to pass over, a prohibited place, that person
shall, while acting under such permission, comply with such order for regulating
his conduct as may be given by the Government or the authority specified by the
Government.
(4) Any Police Officer, or any other person authorised in this behalf by
the Government, may search any person entering or seeking to enter or being
on or in, or leaving a prohibited place, and any vehicle, aircraft or article brought
in by such person, and may, for the purpose of the search, detain such person,
vehicle, aircraft and article :
Provided that no female shall be searched in pursuance of this sub-
section except by a female.
(5) If any person is in a prohibited place in contravention of this sec-
tion then, without prejudice to any other proceedings which may be taken
against him, he may be removed therefrom by any Police Officer not below
the rank of a sub-inspector or by any other person authorised in this behalf
by the Government.
(6) If any person is in a prohibited place in contravention of any of the
provisions of this section he shall be punishable with imprisonment for a term
which may extend to one month, or with fine, or with both.
4. Protected areas. ––(1) If the Government considers it necessary or
expedient in the interests of the defence or security of the 
1
[Union territory of
Jammu and Kashmir] to regulate the entry of persons into any area, it may by a
notified order declare the area to be a protected area and thereupon, for so
long as the order is in force, such area shall be a protected area for the pur-
poses of this Act.
(2) The Government or the authority specified by the Government may
regulate the entry of any person into a protected area.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
PUBLIC SAFETY ACT, 1978 269
(3) If any person is in a protected area in contravention of the provisions
of any order passed under this section then, without prejudice to any other
proceedings which may be taken against him he may be removed therefrom by or
under the direction of any Police Officer not below the rank of a Sub-Inspector.
(4) If any person is in a protected area in contravention of any of the
provisions of this section, he shall be punishable with imprisonment for a term,
which may extend to two months, or with fine, or with both.
5. Forcing or evading a guard.–– Any person who effects or attempts to
effect entry into a prohibited place or a protected area after taking precautions to
conceal his entry or attempted entry from any person posted for the purpose of
protecting or preventing or controlling access to such place or area shall be
punishable with imprisonment for a term which may extend to three months, or
with fine, or with both.
CHAPTER III
Maintenance of communal and regional harmony
6. Power to prohibit circulation within the 
1
[Union territory of Jammu
and Kashmir] or entry into the 
1
[Union territory of Jammu and Kashmir] of
certain documents. ––(1) The Government, or any authority authorised by it in
this behalf, if satisfied that such action is necessary for the purposes of prevent-
ing or combating any activity prejudicial to the maintenance of communal or
sectarian, or regional harmony affecting or likely to affect public order, may, by
notified order, regulate, or restrict the circulation within the 
1
[Union territory of
Jammu and Kashmir], or prohibit or restrict the importation into the 
1
[Union
territory of Jammu and Kashmir], of any document :
Provided that no such order shall remain in force for more than three
months from the making thereof unless before the expiry of such period and in
case the High Court does not otherwise direct, the Government, by an order
made in the like manner, extend it by any period not exceeding three months at
a time as it thinks fit, so, however, that the total period of the original order
does not exceed one year :
Provided further that a person aggrieved by such order may, within ten
days of the passing thereof, make a representation to the Government which
may on consideration confirm, modify or rescind the order within 21 days of the
making of the representation after giving the aggrieved party an opportunity of
being heard :
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
270 PUBLIC SAFETY  ACT, 1978
Provided also that in case the representation is rejected by the Govern-
ment, the aggrieved person may within a period of two months from the date of
the order rejecting the representation apply to the High Court to set aside such
order. Every such application shall be heard and determined by a Special Bench
of the High Court composed of three Judges.
(2) Any person who contravenes an order made under this section shall
be punishable with imprisonment for a term which may extend to three months
or with fine, or with both.
(3) In the event of disobedience of an order mad under sub-section (1)
the Government or the authority issuing the order, may, without prejudice to
the penalty to which the person guilty of the disobedience is liable under sub-
section (2), order the seizure of all copies of any such document.
7. Removal of doubts.–– For the removal of doubts it is hereby declared
that the restriction imposed by section 6 on the rights conferred by clause (1)
of Article 19 of the Constitution of India shall be deemed to be reasonable
restrictions.
CHAPTER IV
Power to make orders detaining certain persons
8. Detention of certain persons. ––(1) The Government may––
(a) if satisfied with respect to any person that with a view to prevent-
ing him from acting in any manner prejudicial to––
(i) the security of the 
1
[Union territory of Jammu and Kashmir]
or the maintenance of the public order ; or
2
[(ii) Omitted.]
3
(a-1) if satisfied with respect to any person that with a view to prevent-
ing him from––
(i) smuggling 
4
[timber or liquor] ; or
(ii) abetting the smuggling of 
4
[timber or liquor] ; or
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”
2. Omitted by Act XII of 1988, s. 2.
3. Clause (a-1) inserted by Act IV of 1985, s. 2.
4. Substituted by Act VIII of 2001, s. 2.
PUBLIC SAFETY ACT, 1978 271
(iii) engaging in transporting or concealing or keeping smuggled
timber ; or
(iv) dealing the smuggled timber otherwise than by engaging in
transporting or concealing or keeping in smuggled timber1
[or liquor] ; or
(v) harbouring persons engaged in smuggling of timber 
1
[or
liquor] or abetting the smuggling of timber 
1
[or liquor] ; or]
(b) if satisfied with respect of such person who is––
(i) a foreigner within the meaning of the Foreigners Act,
(ii) a person residing in the area of the 
2
[Union territory of Jammu
and Kashmir] under the occupation of Pakistan,
that with a view to regulating his continued presence in the 
2
[Union
territory of Jammu and Kashmir] or with a view to making arrangements
for his expulsion from the 
2
[Union territory of Jammu and Kashmir],
it is necessary so to do, make an order directing that such person be detained.
(2) Any of the following officers, namely :––
(i) Divisional Commissioners,
(ii) District Magistrate,
may, if satisfied as provided in sub-clauses (i) and (ii) of clause 
3
[(a) or (a-1)] of
sub-section (1), exercise the powers conferred by the said sub-section.
(3) For the purposes of sub-section (1),––
4
[(a) Omitted.]
(b) “acting in any manner prejudicial to the maintenance of public or-
der” means––
(i) promoting, propagating or attempting to create, feelings of
enmity or hatred or disharmony on ground of religion, race,
caste, community, or region ;
1. Substituted by Act VIII of 2001, s. 2.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
3. Inserted by Act IV of 1985, s. 2.
4. Omitted by Act XII of 1988, s. 2.
272 PUBLIC SAFETY  ACT, 1978
(ii) making preparations for using, or attempting to use, or using,
or instigating, inciting, provoking or otherwise abetting the
use of force where such preparation, using, attempting, insti-
gating, inciting, provoking or abetting, disturbs or is likely to
disturb public order ;
(iii) attempting to commit, or committing, or instigating, inciting,
provoking or otherwise abetting the commission of, mischief
within the meaning of section 425 of the 
1
[Indian Penal Code
(45 of 1860)] where the commission of such mischief disturbs,
or is likely to disturb public order ;
(iv) attempting to commit, or committing, or instigating, inciting,
provoking or otherwise abetting the commission of an offence
punishable with death or imprisonment for life or imprison-
ment of a term extending to seven years or more, where the
commission of such offences disturbs, or is likely to disturb
public order ;
2
[(c) “smuggling” in relation to timber or liquor means possessing or
carrying of illicit timber or liquor and includes any act which will
render the timber liable to confiscation under *[Forest Act, Samvat
1987] or under the Jammu and Kashmir Excise Act, 1958, as the case
may be ;]
3
[(d) “timber” means timber of Fir, Kail, Chir or Deodar tree whether in
logs or cut up in pieces but does not include firewood ;]
4
[(e) “Liquor” includes all alcoholic beverages including beer ;]
5
[(f) “person” shall not include a citizen of India who has not attained
the age of eighteen years for being detained under clauses (a) and
(a-1) thereof].
(4) When any order is made under this section by an officer mentioned in
sub-section (2), he shall forthwith report the fact to the 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
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Ranbir Penal Code”.
2. Clause (c) substituted by Act VIII of 2001, s. 2.
* Now Indian Forest Act, 1927 (16 of 1927).
3. Clause (d) inserted by Act IV of 1985, s. 3.
4. Clause (e) inserted by Act VIII of 2001, s. 2.
5. Clause (f) inserted by Act VII of 2012, s. 2.
PUBLIC SAFETY ACT, 1978 273
in force for more than twelve days after the making thereof unless in the mean-
time it has been approved by the Government.
9. Execution of detention orders.–– A detention order may be executed
at any place in the manner provided for the execution of warrants of arrest
under the Code.
10. Power to regulate place and conditions.–– Any person in respect of
whom a detention order has made under section 8 shall be liable––
(a) to be detained in such place and under such conditions including
conditions as to the maintenance of discipline as the Government
may, by general or special order, specify, and
(b) to be removed from one place of detention to another place of
detention 
1
[x x x x] by order of the Government :
2
[x x x x]
3
[10-A. Grounds of detention severable.–– Where a person has been
detained in pursuance of an order of detention under section 8 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 grounds is or are––
(a) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such per-
son, or
(v) invalid for any other reasons whatsoever, and it is not, there-
fore, possible to hold that the Government or officer making
such order would have been satisfied as provided in section
8 with reference to the remaining ground or grounds and
made the order of detention ;
1. Words “in the State” omitted by Act VIII of 2002, s. 2.
2. Proviso omitted by S.O. 1229(E) dated 31.03.2020.
3. Section 10-A inserted by Act IV of 1985, s. 3.
274 PUBLIC SAFETY  ACT, 1978
(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 that section with reference to
the remaining ground or grounds.]
11. Detention orders not to be invalid or inoperative on certain
grounds.–– No detention order shall be invalid or inoperative merely on the
ground,––
(a) that the person to be detained thereunder is outside the limits of
the territorial jurisdiction of the officer making the order ; or
(b) that the place of detention of such person is outside the said limits.
12. Powers in relations to absconding persons.–– If the Government, or
an officer specified in sub-section (2) of section 8, as the case may be, 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 officer may––
(a) make a report in writing of the fact to a Magistrate of the First Class
having jurisdiction in the place where the said person ordinarily
resides, and thereupon the provisions of sections 87, 88 and 89 of
the Code shall apply in respect of the said person and his property
as if the order directing that he be detained were a warrant issued
by the Magistrate ;
(b) by notified order direct the said person to appear before such officer,
at such place and within such period as may be specified in the order,
and if the said person fails to comply with  the direction, 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 compli-
ance therewith impossible and of his whereabouts, be punishable
with imprisonment for a term which may extend to 
1
[one year] or with
fine or with both.
13. Grounds of order of detention to be disclosed to persons affected by
the order. ––(1) When a person is detained in pursuance of a detention order, the
authority making the order shall, as soon as may be, 
2
[but ordinarily not later
than five days and in exceptional circumstances and for reasons to be recorded
1. Substituted by Act XII of 1988, s. 3.
2. Substituted ibid.
PUBLIC SAFETY ACT, 1978 275
in writing, not later than ten days from the date of detention] 
1
[communicate to
him, in the language which is understandable 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 Government.
(2) Nothing in sub-section (1) shall require the authority to disclose facts
which it considers to be against the public interest to disclose.
14. Constitution of Advisory Board. ––(1) The Government shall, when-
ever necessary, constitute an Advisory Board for the purposes of this Act.
(2) Such Board shall consist of a Chairman, who is or has been a Judge of
the High Court, and two other members who are, or have been, or are qualified
to be appointed as Judges of the High Court.
2
[(3) The Chairman and the other members of the Board shall be ap-
pointed by the Government on the recommendations of the Search-cum-Selec-
tion Committee consisting of the following :––
(a) Chief Secretary ... Chairman ;
(b) Additional Secretary, ... Member ;
Home Department
(c) Administrative Secretary, ... Member :
Department of Law, Justice
and Parliamentary Affairs
Provided that no sitting Judge of the High Court or the sitting District
and Sessions Judge shall be appointed as Chairman or Member of the Board
except in consultation with the Chief Justice of the High Court.]
3
[(4) The Chairman and members of the Board shall hold the office for a
period of three years which will be extendable for a further period of two
years.]
15. Reference to Advisory Board.–– In every case where a detention
order has been made under this Act, the Government shall, within four weeks4
[from the date of detention under the order] place before the Advisory Board
1. Substituted for certain words by Act VII of 2012, s. 3.
2. Sub-section (3) substituted by S.O. 1229(E) dated 31.03.2020.
3. Sub-section (4) inserted by Act VII of 2012, s. 4.
4. Substituted by Act II of 1982, s. 2.
276 PUBLIC SAFETY  ACT, 1978
constituted by it under section 14, the grounds on which the order has been
made, the representation, if any, made by the person affected by the order and
in case where the order has been made by an officer, also report by such officer
under sub-section (4) of section 8.
16. Procedure of Advisory Board. ––(1) The Advisory Board shall, after
considering the material placed before it and, after calling for such further
information as it may deem necessary from the Government or from the person
called for the purpose through the Government or from the person concerned
and if 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 
1
[six weeks] from the date of detention.
(2) Notwithstanding anything contained in sub-section (1), the Board
may, if the person detained so demands, at any time before submitting its
report, after affording an opportunity to the person detained and the Govern-
ment or the officer, as the case may be, of being heard, determine whether the
disclosure of facts, not disclosed under sub-section (2) of section 13 to the
person detained, is or is not against public interest. Such finding of the Board
shall be binding on the Government.
(3) 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.
(4) When there is a 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.
(5) Nothing in this section shall entitle any person against whom a de-
tention 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.
17. Action upon report of Advisory Board. ––(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. Substituted for “eight weeks” by Act VII of 2012, s. 5.
PUBLIC SAFETY ACT, 1978 277
(2) In any case where the Advisory Board has reported that there is, in
its opinion, no sufficient cause for the detention of the person concerned,
the Government shall revoke the detention order and cause the person to be
released forthwith.
1
[18. Maximum period of detention. ––(1) The maximum period for which
any person may be detained in pursuance of any detention order which has
been confirmed under section 17, shall be––
(a)
2
[three months in the first instance which may be extended up to
twelve months] from the date of detention in the case of persons
acting in any manner prejudicial to the maintenance of public order3
[x x x] ;
4
[(a-1) twelve months from the date of detention in the case of the persons
indulging in smuggling of timber ; and]
(b)
5
[six months in the first instance which may be extended up to two
years] from the date of detention in the case of persons acting in
any manner prejudicial to the security of the 
6
[Union territory of
Jammu and Kashmir].
(2) Nothing contained in this section shall affect the powers of the Gov-
ernment to revoke or modify the detention order at any earlier time, or to extend
the period of detention of a foreigner in case his expulsion from the 
6
[Union
territory of Jammu and Kashmir] has not been made possible.]
19. Revocation of detention orders. ––(1) Without prejudice to the provi-
sions of section 21 of the *[General Clauses Act, Samvat 1977], a detention order
may at any time be revoked or modified by the Government notwithstanding that
the order has been made by any officer mentioned in sub-section (2) of sec-
tion 8.
(2) There shall be no bar to making of a fresh order of detention against
a person on the same facts as an earlier order of detention made against such
person in any case where––
1. Substituted by Act XII of 1988, s. 2.
2. Substituted for the words “twelve weeks” by Act VII of 2012, s. 6.
3. Words “or indulging in smuggling of timber ; and” deleted ibid.
4. Clause (a-1) inserted ibid.
5. Substituted for the words “two years” ibid.
6. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
* General Clauses Act, 1897.
278 PUBLIC SAFETY  ACT, 1978
(i) the earlier order of detention or its continuance is not legal on
account of any technical defect ; or
(ii) the earlier order of detention has been revoked by reason of any
apprehension, or for avoiding that such order of its continuance is
not legal on account of any technical defect :
Provided that in computing the maximum period for which a person against
whom such fresh order of detention has been issued may be detained, the
period during which such person was under the earlier order of detention shall
be excluded.
20. Temporary release of persons detained. ––(1) The Government may
at any time order that a person detained in pursuance of detention order may
be released for any specified period either without conditions or upon such
conditions specified in the direction as that person accepts and may at any
time cancel his release.
(2) In directing the release of any person under sub-section (1), the Gov-
ernment may require him to enter into a bond with or without sureties for the
due observance of the conditions specified in the direction.
(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.
(4) If any person fails without 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 
1
[two years] or with fine, or with both.
(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 the penalty thereof.
1
[(6) The period of release shall not count towards the total period of
detention undergone by the person released under this section.]
1. Substituted by Act II of 1988, s.6.
PUBLIC SAFETY ACT, 1978 279
CHAPTER V
Miscellaneous
21. Cognizance of offences under this Act. ––(1) No Court shall take
cognizance of any offence under this Act except on a report in writing made by
a public servant.
(2) Notwithstanding anything contained in the Second Schedule to the
Code, offences under this Act shall be cognizable and non-bailable.
22. Protection of action taken under this Act.–– No suit, prosecution or
any other legal proceeding shall lie against any person for anything done or
intended to be done in good faith in pursuance of the provisions of this Act.
23. Power to make rules.–– The Government may, by notification, make
such rules consistent with the provisions of this Act, as may be necessary for
carrying out the objects of this Act.
24. Repeal and saving. ––(1) The Jammu and Kashmir Public Safety
Ordinance, 1977 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken
(including any rule or order made) under the said Ordinance shall, so far as
consistent with the provisions of this Act, be deemed to have been done or
taken under the corresponding provisions of this Act.
–––––––

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