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Home / IAS Preparation / Defence Of India Act

Defence of India Act(1915) - Background, Scope & Implementation

Last Updated on Jul 10, 2023
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The Defence of India Act 1915 is also known as the Defence of India Regulations Act. The Governor-General of India passed this emergency criminal law in 1915 with the goal of limiting nationalist and revolutionary activity both during and after the First World War. In this Act, the British government was given special powers and legal tribunals were set up. The Act provides for special measures to ensure public safety, as well as the defence of British India and the speedy trial of certain offences.

This topic of the Defence of India Act of 1915 is important from the perspective of the UPSC IAS Examination, which falls under General Studies Paper 1 (Mains) and General Studies Paper 1 (Prelims) and particularly in the History section. In this article, we shall study the overview, background, and scope of the Defence of India Act of 1915.

What is Defence of India Act,1915?

The Governor-General of India instituted the Defence of India Act of 1915 to curtail patriotic and progressive demonstrations in the wake of World War One. Preventive detainment, detention without a warrant, and a restriction on the growth of ideas were all granted to the Executive by this demonstration. Preliminary to the bombing Ghadar conspiracy of 1915, it was used during First Lahore Conspiracy and pulverized Ghadr and Anushilan Samiti growth in Punjab and Bengal, respectively.

Overview of Defence of India Act

Name of the Act

Defence of India Act 1915

Place

British Indian Territory

Governor-General of India

Lord Hardinge

Objective

To provide for exceptional measures to safeguard the public safety and defense of British India, as well as to expedite certain offences.

Enactment and commencement

19 March 1915

Status

Succeeded by the Defence of India Act, 1939

Background of Defence of India Act, 1915

During the first decade of the twentieth century, Punjab, Bengal, and Maharashtra were hotbeds of India’s revolutionary movement. The Partition of Bengal in October 1905 and the colonization bill in Punjab fueled the growing unrest in these areas. Anushilan Samiti and Jugantar have been implicated in a number of assassinations of government officials and police officers. An unexpected show of support from the Indian Independence Struggle’s political leaders for the British monarchy sparked the outbreak of World War I. India made a significant human and material contribution to the British war effort.

In Europe, Africa, and the Middle East, more than 1.3 million Indians served as soldiers and laborers, respectively. Popular unrest against the British was sparked by rising grain prices, anger with British immigration policies, and rumours that the British were losing on multiple fronts during World War I. British anxieties were stoked by the possibility of a Central Powers alliance with Afghanistan, notwithstanding India’s distance from the conflict in Europe. Afghan invasion and internal turmoil caused by a revolutionary network were major concerns for British officials.

Scope of Defence of India Act

The primary goal of the Defence of India Act of 1915 was to prohibit any activity that the government viewed as detrimental to the war effort, such as communicating with the enemy, gathering information, or disseminating false reports. For “public safety” and “the defence of British India,” the law was intended to be in effect for the duration of the war and for six months afterwards. People “reasonably suspected” of being of the enemy origin or acting in a manner jeopardizing the safety of the empire could be detained indefinitely by local governments and tried by special tribunals. Conspiring to commit the acts listed in the Act, or other offences that may be met with the death penalty, transportation to a penal colony, or at least seven years in jail, Subordinate officials held the power of detention.

This law did not apply to trials already underway under the Criminal Procedure Act of 1898 or the 1908 Criminal Law Amendment. The Criminal Procedures Act of 1898 mandated that prosecutions follow the prescribed procedures, but this was overruled by the court’s special powers and discretion. As a result, preliminary proceedings may be avoided because the Commissioners could take direct cognizance of the alleged offences.

Implementation of Defence of India Act

Commissioners who are not high-court judges can be appointed by the local government to preside over trials within the provisions of the law. As long as at least two of them had served as a Sessions judge or extra Sessions judge for at least three years, they were eligible for appointment as Judges of the High Court. It was acceptable to have a majority rule.

The Indian evidence statute of 1872 had been supplanted by this Act, which permitted commissioners to accept as evidence statements recorded by a magistrate without inspection or cross-examination. Commissioners might also accept recorded testimony in cases where witnesses were unavailable or deceased, thanks to the Act’s provisions. This security mechanism was put in place to defend against revolutionaries and supporters of the status quo engaging in acts of violence and assassination. 

There was no option for a jury trial. The Act exempted the decisions of the commissioners appointed under the Defense of India Act from appeal or judicial review. Although the law was intended to keep peace and limit the mobility of revolutionaries, it was utilized in a wide range of ways, from prosecuting perpetrators of religious violence to limiting the voice of moderate political figures.

This Act, unlike the Defense of the Realm Act, may be used against anybody who was a subject of the King (as opposed to only those of Hostile origin or associations, such as enemy citizens or collaborators).

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Early Laws

Some of the early laws, such as Preventive Detention and Criminal law amendment 1908, are explained below.

Preventive detention

Bengal Regulation III of 1818 and Bengal Regulation of 1812 authorized preventive detention without a trial. Madras and Bombay passed similar laws in 1819 and 1827. These rules denied detainees habeas corpus. Section 491 of the Criminal Procedure Code codified Habeas Corpus in 1882. On the 50th anniversary of the 1857 uprising, Punjab, Eastern Bengal, and Assam issued emergency measures. This abolished public meetings and restricted the Indian press to prevent seditious material. In June 1908, the Explosives Substances Act and Newspaper Act were passed to quash dissent.

By June 1907, municipal governments may sue the press for spreading seditious information to the public or military. In 1907, India prohibited sociologists and passed the Preventive Meetings Act. The Indian Press Act went into force in February 1910, permitting provincial governments to demand up to Rs 5,000 from publications they deemed were fomenting unrest and violence. Several nationalist publications closed because they couldn’t deliver the required assurance.

Criminal law amendment 1908

The Criminal Procedures Act of 1898 failed to pursue several cases. Thus a special tribunal of three high-court judges was created to trial nationalist violence offences. Under Regulation III of 1818, the Criminal Law Amendments of December 1908 outlawed seditious conspiracies. Nine Bengali insurgents were transported to Mandalay in 1908.

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Later Laws

Some of the later laws, such as the Rowlatt Act, the 1939 Act, and Independent India, are explained below.

Rowlatt act

  • As the 1915 legislation reached expiration, a committee was formed to study how to deal with potential revolutionary danger. Rowlatt suggested extending the Defense of India Act for three years but removing habeas corpus.
  • Mohandas Gandhi dubbed the Viceroy’s council and the general public “The Black Bills” for their hostility.
  • Mohammed Ali Jinnah left the Viceroy’s council after warning of the consequences of extending an unpopular bill. Rowlatt’s proposals were implemented.
  • Gandhi’s first civil disobedience movement was against the Rowlatt laws. People performed hartals and other forms of civil disobedience across India.
  • The Jallianwalla Bagh Massacre happened in April 1919 due to protests against Punjab laws and the regional administration’s fear of a Ghadrite rebellion. After three years of fighting, the government abolished the Rowlatt Act. Learn about the Rowlatt Act And Jallianwala Bagh Massacre (1919) here!

1939 Act

During World War II, the Defence of India Act of 1915 was re-enacted as the Defence of India Act of 1939. As of September 3 September 3 of that year, the Second World War had begun, and the law was adopted on September 29, September 29 of that year. During the war, the Act was widely known for its use in suppressing the independence movement. A six-month grace period following the end of World War II paved the way for its eventual repeal by the Repealing and Amending Act of 1947. (Act II of 1948).

Independent India

  • A provision in defence of the India Act allowing for preventative detention was incorporated into the Indian Constitution, making India one of the few countries where such measures can be used against its own citizens.
  • During the Sino-Indian War of 1962 and the Indo-Pak War of 1971, the Preventive Detention Act of 1950 was kept in legislation and implemented as the Defense of India Rules of 1962 and the Defence of India Act of 1971.
  • The internment of Chinese immigrants in Calcutta, India, was a notable usage of the 1962 statute.
  • The Maintenance of Internal Security Act (MISA), enacted during the Emergency, and the Terrorist and Disruptive Activities (Prevention) Act (adopted during the Punjab conflict) are examples of similar legislation enacted by independent India.

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Impact of Defence of India Act 1915

The Defence of India Act 1915 had significant impacts on British India during and after the First World War. Here are the key points regarding its impact:

Revolutionary Violence

The act was introduced to curtail nationalist and revolutionary activities. It granted the Executive wide powers for:

  • preventive detention, 
  • internment without trial, and 
  • restrictions on writing, speech, and movement.

It was used against Indians involved in revolutionary violence against British rule.

Curtailing Nationalist Movements

The act played a crucial role in crushing the Ghadr movement in Punjab and the Anushilan Samiti in Bengal. Both of these were engaged in revolutionary activities. It suppressed nationalist movements that posed a threat to British India's stability.

Unpopularity and Discontent

It was seen as a tool to suppress genuine political dissent and freedom of expression.

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Defence of India Act, 1915: Learn its Scope & Implementation, and More: Download PDF here!

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Defence of India Act, 1915 FAQs

Its principal goal was to limit the Indian Independence Movement's nationalist and revolutionary actions during and after World War I.

2 Lord Hardinge 2 passed the Indian Defence act 1915. The act was an emergency criminal law and was similar to the British Defence of the Realm Acts.

The Defence of India Act of 1915 gave the broad Executive powers of preventive detention, incarceration without trial, and restrictions on writing, speech, and movement.

The Defence of India Act of 1915 significantly impacted the country. Following the law's passage, 46 revolutionaries were executed, and 64 were sentenced to life in prison, thus defeating the revolutionary cause.

Mahatma Gandhi opposed this act because it was unfair to Indians, who were being detained for an indeterminate amount of time without any justification. Additionally, the British used this law to repress those who were struggling for their freedom.
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