Does Indian Constitution allow preventive detention?

Under Section 151 of The Criminal Procedure Code, 1973 (CrPC) preventive detention is action taken on grounds of suspicion that some wrong actions may be done by the person concerned. Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases.

What is the maximum period of detention under Article 22?

Under it a person may be detained for more than three months even without the opinion of an advisory board provided that the person so detained comes within the class or classes of cases or under the circumstances prescribed by Parliament by law, and is in accordance with article 22(7 )(¿>) which says that Parliament …

What are the preventive detention laws?

In 1984 the U.S. Congress adopted a preventive detention act allowing federal courts to detain arrestees pending trial if the government could show that no release conditions could protect the safety of persons and the community. After Salerno, preventive detention laws were adopted in a number of U.S. states.

What is the maximum period for detention of a person under preventive detention?

three months
According to Preventive Detention Act 1950, it can be extended beyond three months up to a total of twelve months, only on the favourable recommendation of an advisory board, made up of High Court judges or persons eligible to be appointed High Court judges.

What is Article 31 A of Indian Constitution?

Art. 31-A, inserted by the Constitution First Amendment Act, 1951 with display effect, provides for acquisition of estates of the nature referred to in various clauses, declaring that such laws shall not be deemed void on the ground that they take away any of the rights given by Article 14 or 19 of the Constitution.

What does Article 22 of the Indian Constitution provide?

Article 22(1) states that any person who is arrested, cannot be detained in custody without being informed of the grounds of any such arrest as soon as possible. State of U.P. that a detained person should know the cause of his detention and is entitled to let any third person know the location of his detention.

What is the Article 22?

Article 22 Protection of life and personal liberty – Constitution of India. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

How many hours is illegal detention?

Article 125 of the Revised Penal Code provides that “the penalties provided in the next proceeding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of six hours.”

How long did the Constitution of India take in framing?

The Constituent Assembly took two years, eleven months and seventeen days to complete the task of drafting a Constitution for India.

What is long term preventive detention?

Legal Definition of preventive detention : detention of a defendant awaiting trial for the purpose of preventing further misconduct or protecting an individual or the public.

What is the law of preventive detention in India?

India is one of the very few countries that provide for laws on preventive detention even in peacetime. The second part of Article 22 [3] of the Indian Constitution deals with the cases concerning preventive detention law, whereas the first part deals with detention under the ordinary law.

What is the duration of preventive detention?

The Preventive detention cannot extend beyond a period of 3 months . Every case of preventive detention must be placed before an Advisory Board composed of Judges of the High Court (or persons qualified for Judges of the High Court) The case must be presented before the Advisory Board within 3 months.

Is preventive detention a violation of the Constitution?

The laws regulating preventive detention are repulsive to the modern democratic constitution. These laws raise substantial queries about the protection of the citizens, as mentioned under Article 22 of the Indian Constitution and the freedom of a person detained on mere suspicion.

What is Article 22 of the Constitution about preventive detention?

In the event of arrest and detention, the arrested person is given various safeguards mentioned under Article 22 (1) and (2) of the Constitution, but in compliance with the law of preventive detention under Article 22 (3), such protections are not extended to the arrested detention.