Question

What is the meaning of the word 'preventive detention'?

Hint:

Remember the key distinction: {Punitive} detention is for a {past} crime, after a trial. {Preventive} detention is for a {future} crime, without a trial.

Answer 1

Step 1: Key Concept:
Preventive detention means the detention of a person by the state without a trial and conviction by a court. The purpose of this detention is not to punish a person for a past offence but to prevent them from committing a potential offence in the near future that could be prejudicial to state security, public order, or the maintenance of essential supplies.
Step 2: Detailed Explanation:
Key aspects of preventive detention are:
1. Precautionary Measure: It is a precautionary measure, not a punitive one. A person is detained on the suspicion or apprehension that they may commit a wrongful act.
2. Contrast with Punitive Detention: Punitive detention is the punishment of a person for a crime they have already committed, and it occurs only after a trial and conviction in a court of law. Preventive detention, on the other hand, does not require a trial.
3. Constitutional Provision: Article 22 of the Indian Constitution deals with protection against arrest and detention. While it provides safeguards for arrested persons, it also permits preventive detention.
4. Safeguards: The Constitution provides certain safeguards against the misuse of preventive detention. For example, a person can generally be detained for a maximum of three months. For longer detention, the case must be reviewed by an Advisory Board composed of judges. The detenu also has the right to be informed of the grounds of their detention and to make a representation against it.