KERALA ANTI-SOCIAL ACTIVITIES (PREVENTION) ACT 2007
PREAMBLE
An Act specifically to provide for the effective prevention and control of certain kind of anti-social activities is the State of Kerala.
WHEREAS, it is expedient specifically to provide for the effective prevention and control of certain kind of anti-social activities in the State of Kerala;
BE it enacted in the Fifty-eighth Year of the Republic of India as follows:-
(1) This Act may be called the Kerala Anti-Social Activities (Prevention) Act, 2007.
(2) It shall be deemed to have come into force on the 13th day of December, 2006.
In this Act, unless the context otherwise requires,--
(a) ''anti-social activity'' means acting in such manner as to cause or is likely to cause, directly or indirectly, any feeling of insecurity, danger or fear among the general public or any section thereof, or any danger to the safety of individuals, safety of public, public health or the ecological system or any loss or damage to public exchequer or to any public or private property or indulges in any activities referred in clauses (c), (e), (g), (h), (i), (l), (m),(n),(q) and (s) of this section;
(aa) "advisory board" means an advisory board constituted under section 8 by the Government;
(b) ''authorised officer'' means any officer authorised by the Government under sub-section (2) of section 3;
(c) ''bootlegger'' means a person who distils, manufactures, stores, transports or takes away, imports, exports, sells or distri
(1) The Government or an officer authorised under sub-section (2), may, if satisfied on information received from a Police Officer not below the rank of a Superintendent of Police with regard to the activities of any Known Goonda or Known Rowdy, that, with a view to prevent such person from committing any anti-social activity within the State of Kerala in any manner, it is necessary so to do, make an order directing that such person be detained.
(2) If having regard to the circumstances prevailing, or likely to prevail in any area, the Government, if satisfied that it is necessary so to do, may, by order in writing, direct that during such period as may be specified in the said order, the District Magistrate having jurisdiction may exercise the powers under sub-section (1) in respect of such persons residing within his jurisdiction or in respect of such persons not so resident who have been indulging in or about to indulge in or abet any anti-s
Section 3 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) empowers authorities to detain individuals involved in anti-social activities to prevent threats to public order and safety. It forms the backbone of preventive detention under the Act, outlining the process, essential ingredients, and procedural safeguards for detention.
Section 3 authorizes the detention of persons engaged in anti-social activities. It specifies the procedure for issuing detention orders, the role of sponsoring authorities, the advisory board, and the period for which detention can be authorized. The section emphasizes the need for subjective satisfaction based on credible material and procedural compliance, including the requirement of approval within a stipulated period.
While Section 3 itself does not prescribe punishment, violations such as illegal detention, non-application of mind, or procedural lapses can lead to the detention being quashed by courts, and the detainee being ordered to be released [Mohanan VS State of Kerala], [Rosamma Mathai, W/o. Mathai vs State of Kerala, Represented By The Additional Chief Secretary To Government, Home And Vigilance Department, Government Secretariat, Thiruvananthapuram].
Note: This commentary synthesizes the legal principles, judicial interpretations, and procedural safeguards from the provided sources, emphasizing the importance of due process, credible material, timely action, and independent exercise of judgment in preventive detention under Section 3 of the KAAPA.
A detention order may be executed at any place in the State of Kerala in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Every person in respect of whom a detention order has been made shall be detained in Central Prisons or District Jails within the State of Kerala and a copy of the detention order bearing the signature and seal of the detaining authority shall be given to the Superintendent of the Jail concerned while admitting such person into the Jail.
(1) If the Government or an officer authorised mentioned in sub-section (2) of section 3 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 such officer may,-
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;
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.
2) On making of a report against any person under clause (a) of sub-section(1), the provisions of sections 82, 83, 84, 85, and 86 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of such person and his property as if the detention or
(1) When a person is arrested in pursuance of a detention order, the officer arresting him shall read out the detention order to him and give him a copy of such order.
(2) The grounds of detention, specifying the instances of offences, with copies of relevant documents, as far as practicable, on the basis of which he is considered as a "known goonda" or "known rowdy" and giving such materials relating to his activities on the basis of which his detention has been found necessary, shall be furnished to him as soon as possible nevertheless, in any case, within five days of detention and he shall also be informed in writing, under acknowledgement, of his right to represent to the Government and before the Advisory Board against his detention:
Provided that nothing in this section shall require any authority to disclose to the detained person any fact, the disclosure of which will reveal the identity of any confidential sour
(1) The Government shall, constitute one or such number of Advisory Boards as may be necessary for the purposes of this Act, with such territorial or functional jurisdiction, as may be specified.
(2) Every such Board shall consist of a Chairman who is, or had been Judge of a High Court and two members who are qualified under the Constitution of India to be appointed as a Judge of a High Court.
(3) The salary, allowances, tenure and service conditions of the Chairman and members of the Advisory Board may be such as may be prescribed.
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, place before the Advisory Board, the grounds on which the order has been made and the representation, if any, made by the person affected, and, in the case where the order has been made by an authorised officer, the report by such officer under sub-section (3) of section 3.
(1) The Advisory Board to which a reference is made under the above section shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the Government or from any person called for the purpose through the Government, or from the person concerned and if, in any particular case, it considers necessary so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within nine weeks from the date of detention of the person concerned;
(2) 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. The absence of a member shall not invalid
Section 10 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) delineates the procedural framework for the confirmation, revocation, and further action regarding detention orders issued under the Act. It emphasizes the role of the Advisory Board, the government’s authority to confirm or revoke detention, and the maximum period of detention permissible under the law.
Section 10 prescribes:- The procedure for the Advisory Board to review detention cases (subsection 1).- The authority of the government to confirm or revoke detention orders based on the Advisory Board’s opinion (subsection 4).- The maximum duration of detention, which is up to six months initially and up to one year for subsequent orders (Section 12, incorporated by reference).- The confidentiality of the Advisory Board’s report, except the opinion part (Section 10(3)).- The government’s discretion to confirm or revoke detention based on the Advisory Board’s opinion, with specific timelines for confirmation (Section 10(4)).
No detention order shall be invalid or inoperative merely by reason:--
(a) that the persons to be detained thereunder, though within the State, is outside the limits of the territorial jurisdiction of the officer making the order; or
(b) that the place of detention of such person, though within the State, is outside the said limits.
The maximum period for which any person may be detained in pursuance of any detention order made under this Act, which has been confirmed under section 10, shall not exceed six months from the date of detention.
(1) A detention order may, at any time, be revoked or modified by the Government.
(2) The revocation or expiry of a detention order shall not be a bar for the issuance of another detention order under section 3 against the same person, if he continues to be a person falling within the definition of known rowdy or known goonda as given in section 2 (o) or section 2 (p) and if,--
(i) after release, he is, found to have, again involved in an offence of the nature described in section 2(o) or section 2 (p); or at least one instance; or
(ii) the facts, which came to the notice of the Government or the authorised officer after the issuance of the earlier detention order, considered along with previously known facts are sufficient to cause a reasonable apprehension that he is likely to indulge in or promote or abet antisocial activities; or
(iii) the procedural errors or omissions
The Government may, at any time, direct that any person detained in pursuance of a detention order may be released for a period not exceeding one week either without any condition or under such conditions as may be specified in the direction, and may at any time, cancel such direction issued earlier.
(1) The District Magistrate or a police officer of and above the rank of Deputy Inspector General having jurisdiction, if satisfied on information received in respect of a known goonda or known rowdy, after having given him an opportunity to be heard by notice served on him or pasted at his ordinary place of residence, if any in Kerala, that he is indulging in or about to indulge in or likely to indulge in anti-social activities and with a view to prevent him from so acting at any place within the jurisdiction of such magistrate or officer, may make an order,--
(a) directing that, except in so far as he may be permitted by the conditions made in the order, he shall not visit any such area or place as may be specified in the order, for a period not exceeding one year;
(b) requiring him to report his movements within the State, in such manner, at such times, and to such authority or person as may be specified in the order,
Whoever, knows or has reason to believe that an order against any person has been made under section 3 or section 15, harbours or conceals such person, shall be punished with imprisonment for a term which shall not be less than three months but may extend to one year, and shall also be liable to fine which may extend to one thousand rupees.
(1) The Government or the authorised officer may, by general or special order, empower any police officer to search any place, stop and search any vessel, vehicle or animal, and may seize anything which he has reason to believe, has been, is being, or is about to be, used for committing any anti-social activity.
(2) Any officer empowered under sub-section (1) shall forthwith report to the Government or the authorised officer in detail any seizure made by him and till the receipt of their orders, may detain in custody anything so seized or take such other steps for its safe custody, as he may think fit.
(3) The Government or the authorised officer may make such order as they deem fit, for the disposal of anything seized under sub-section (1), by destruction, confiscation or in such other manner, as they may direct.
(1) No suit, prosecution or other legal proceeding shall lie against any officer, authorised or not for anything done or intended to be done in good faith under this Act.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or deemed to have been caused by any action taken or intended to be taken in good faith in pursuance of any order made or deemed to be made under this Act.
(3) No public servant shall be penalised in any manner for any act or omission committed in good faith, in pursuance of official duty cast upon him or in preparing any material or document for the purpose of initiating action under this Act or for any omission or error in listing out or categorising any offence in which the detained person had been involved or convicted.
(4) If a public servant commits any act or omission deliberately or maliciously with the intention of falsely implicat
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences and wilful violations of lawful orders made under this Act shall be cognizable and non-bailable.
All orders issued by the Government under this Act shall be under the seal and signature of the Secretary, Home Department.
(1) The Government may make rules, not inconsistent with this Act, for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1) The Kerala Anti-Social Activities (Prevention) Ordinance, 2007 (44 of 2007), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
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