Published on: August 6, 2021


PREVENTIVE DETENTION What is in news : Telangana High Court passed a judgement citing “To invoke a public detention law against someone, it is not enough that his/her actions pose a threat to law and order but must affect the public order” About PREVENTIVE DETENTION

    • Detention without trial in order to prevent a person from committing a crime
    • It is the imprisonment of a person with the aim of preventing him from committing further offences or of maintaining public order.
    • Article 22 (3) – If a person is arrested or detained under preventive detention, then the protection against arrest and detention under Article 22 (1) and 22(2) shall not be available.
    • A detainee under preventive detention can have no right of personal liberty guaranteed by Article 19 or Article 21.
    • To prevent reckless use of Preventive Detention, certain safe guards are provided in the constitution:
      • A person may be taken to preventive custody only for 3 months at the first instance.
      • The detainee is entitled to know the grounds of his detention.
      • The detaining authorities must give the detainee earliest opportunities for making representation against the detention.