Preventive Detentions rose in 2021
What is preventive detention
- Preventive detention is detainment of a person so as to prevent that person from committing any possible crime.
Indian Constitution on Preventive detention
- Article 22 (3) says that “Nothing in clauses (1) and (2) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.”
- Which means that any person under preventive detention will not get the protections against arrest and detention given under Article 22 of Indian Constitution.
- India also has the distinction of being the only modern democracy to incorporate preventive detention into its constitution.
- Both Union and State governments are allowed to make laws which allow for preventive detention.
- Also, Section 151 of the Code of Criminal Procedure (CrPC), the police are empowered to make preventive arrests if they have reason to believe they must do so to prevent the commission of “any cognisable offence”.
- This detention can be extended beyond 24 hours if required “under any other provisions of this Code or of any other law”.
Preventive Detention in India
- According to the National Crime Records Bureau (NCRB), Preventive detentions in 2021 increased by over 23.7% compared to the previous year, with over 1.1 lakh people being placed under preventive detention.
- Over 24,500 people detained under preventive detention were either in custody or still detained as of the end of 2021.
- The number of persons placed under detention has been steadily increasing since 2017, except for a small dip in 2020.
- Goonda Act (State and Central) (29,306), Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (1,331), and a category classified as “Other Detention Acts” (79,514) are the laws under which most of preventive detention cases are charged.
Source The Hindu
For more updates, Click Here