Preventive detentions in 2021 up by 23.7% compared to year before

Preventive detentions in 2021 up by 23.7% compared to year before

Subject: Polity

Section: Constitution

Context: Preventive detentions in 2021 saw a rise of over 23.7% compared to the year before, with over 1.1 lakh people being placed under preventive detention, according to the latest crime statistics released by the National Crime Records Bureau last month.

• Among other laws apart from National Security Act,1980under which the NCRB has recorded data on preventive detentions are the 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”, under which most of the detentions were registered (79,514).
• According to Section 151 of the Code of Criminal Procedure, the police are empowered to make preventive arrests if they 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”.

Concept:

Constitutional Provisions:

• Article 22 grants protection to persons who are arrested or detained. Detention is of two types, namely, punitive and preventive.
  • Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court.
  • Preventive detention, on the other hand, means detention of a person without trial and conviction by a court.
• Article 22 has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law.

• Rights Given Under Preventive Detention
  • The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court.
  • The grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest need not be disclosed.
  • The detenu should be afforded an opportunity to make a representation against the detention order.
  • This protection is available to both citizens as well as aliens.
• Article 22 also authorises the Parliament to prescribe

 (a) the circumstances and the classes of cases in which a person can be detained for more than three months under a preventive detention law without obtaining the opinion of an advisory board;

(b) the maximum period for which a person can be detained in any classes of cases under a preventive detention law; and

(c) the procedure to be followed by an advisory board in an inquiry.

• The Constitution has divided the legislative power with regard to preventive detention between the Parliament and the state legislatures.
• The Parliament has exclusive authority to make a law of preventive detention for reasons connected with defence, foreign affairs and the security of India.
• Both the Parliament as well as the state legislatures can concurrently make a law of preventive detention for reasons connected with the security of a state, the maintenance of public order and the maintenance of supplies and services essential to the community.