Overview
The word preventive detention itself tells the definition that it restricts or detain anyone. Now here a question comes , detention, but with whom, what, where. So I am going to explain it
This word is used in the law field mainly for the corrupted people, the administration makes a rule named preventive detention, by which they can stop the accused before committing the crime or any wrongful act. Here the stop means the detention and the word preventive means to prevent committing an offence. It also has been a contradictive point in the law system because of the unconstitutionality of the act due to the availability of article 22 (3) of the Indian Constitution. This provides that if any person has been arrested with the charge of preventive detention it can’t have the right of the articles 22(1) and 22(1).
The object of the preventive detention
Here the provision of preventive detention is given to the administration for the purpose to prevent the person not to punish him. Hence if he has been committed in any of the following cases then it must be reviewed by the view of the prevention, not the punishment.
- Security of the state
- Public order
- Foreign affairs
- Service essential to the community
Marriappan Vs the District collector and others
In this case, it has been clearly explained that the nature of this law is to prevent not punish.
Important case
In this case, it has been laid down that the constitutionality of preventive detention should be legal because sometimes the police department misuses its power and arrest any person without having any warrant on the basis of the preventive detention without having the solid ground of arrest.
Also, the Bench said that such types of laws are important to secure the state and mitigate the density of crime.
Read more
