Section 8 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
- (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 appropriate 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.
Summary
- This section requires the detaining authority to share the reasons for detention with the detained person.
- Under normal conditions, these grounds of detention must be communicated within five days of the detention.
- In exceptional cases, the authority can take up to ten days, but they must write down their reasons for the delay.
- The authority must give the detained person the earliest possible opportunity to make a representation, which means a formal written appeal, to the government.
- The authority is allowed to hide any facts that it considers against the public interest to disclose.
Practical examples
FAQ
1. How many days does the authority have to disclose the grounds of detention under Section 8 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?
Under Section 8 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the authority must ordinarily disclose the grounds within five days, but this can be extended to ten days under exceptional circumstances with recorded written reasons.
2. Can the authority hide certain facts from the detainee under Section 8 of the Blackmarketing Prevention Act of 1980?
Yes, under Section 8 of the Blackmarketing Prevention Act of 1980, the authority is not required to disclose facts which it considers to be against the public interest to disclose.
3. What rights does a detained person have under Section 8 of the 1980 Supplies Maintenance Act to challenge their arrest?
Under Section 8 of the 1980 Supplies Maintenance Act, the detained person must be given the earliest opportunity to make a representation, which is a formal statement of objection, to the appropriate Government against the detention order.
4. What happens if the grounds of detention are communicated late without written reasons under Section 8 of the Prevention of Blackmarketing Act?
Under Section 8 of the Prevention of Blackmarketing Act, any disclosure beyond five days requires exceptional circumstances and written reasons, and failing to do so within the maximum limit of ten days violates the statutory safeguard, making the detention unlawful.
Test yourself
Q1.Under Section 8 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what is the ordinary maximum timeline for communicating the grounds of detention to the detained person?
Q2.Under Section 8 of the Blackmarketing Prevention Act of 1980, what is the absolute maximum timeline to disclose detention grounds under exceptional circumstances?
Q3.Under Section 8 of the 1980 Supplies Maintenance Act, is the detaining authority required to disclose every single detail of the case to the detained person?
Q4.Under Section 8 of the Prevention of Blackmarketing Act, what specific opportunity must be afforded to the detained person?
Q5.Suppose an officer detains someone and communicates the grounds after eight days. Under Section 8 of the Essential Commodities Supplies Maintenance Act, what must the officer have done to make this communication valid?