Preventive Detention

Constitutional Provisions: Article 22 protects people who have been arrested or detained.

Legal Provisions: The Preventive Detention Act of 1950 strengthens human detention in instances involving state conditions, such as national defence, the maintenance of peace and public order, foreign affairs, and so on.

Judicial Pronouncements

  • The Supreme Court, in Alijav vs. District Magistrate, Dhanbad case, stated that, while criminal proceedings involve punishing a person for an offense committed by him, preventive detention does not.
  • The Supreme Court, in Ankul Chandra Pradhan vs. Union of India case, stated that the purpose of preventive detention is not to punish but to keep the ....
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