Tuesday, July 14, 2020

Preventive Detention

It implies the detention of a person without a trial in cases where the evidence before the authority is not enough to make out a fully drawn legal charge or to secure the conviction of the ditenue by legal proof but is sufficient enough to justify his detention.
It is an anticipatory measure and does not relate to an offence while criminal proceedings are to punish a person for an offence committed by him [Alijan Mja v. District Magistrate, Dhanbad, AIR 1983, SC 1130].
The object of the Preventive Detention is not punish but to intercept to prevent the detenu  from doing something prejudical to the State [Ankul Chandra Pradhan v. Union of India, AIR 1997, SC 2814].

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