Though the concept of Preventive Detention is acknowledged all over the world, the term is not defined universally. The term preventive detention means a detention the aim of which is to prevent a person from doing something which is likely to endanger the public peace or safety or causing public disorder.
Preventive detention is a special from of imprisonment that is putatively justified for non-punitive purposes. According to American Heritage Dictionary, preventive detention is the ‘Pretrial imprisonment without the right to bail of a person accused of a felony and judged dangerous to society’.
According to “Black’s law dictionary” preventive detention means confinement imposed upon a criminal defendant who has threatened to escape, possesses a risk of harm, or has otherwise violated …show more content…
Detention by the executive without trial inquiry by the court; and the third is that the object is preventive not punitive .
According to Article 3 of the Special Powers Act-1974 , if the concern executive authority is personally satisfied that there is sufficient cause of suspicion against any person of committing any of the acts prohibited by the Special Powers Act, he can give order for punitive detention.
In Gopalan vs. State of Madras, it was held that the word “preventive” means restrain, whose object is to prevent probable or possible activity, which is apprehended from a would be detenu on ground of his past activities .
David H Bayley said that a law of preventive detention law sanctions confinement of individuals in order to prevent them from engaging in forms of activity considered injurious to the community .
So preventive detention means the confinement in a secure facility of a person who has not been found guilty of a crime. We can also say that preventive detention is holding of an accused in the custody of a law enforcement agency, to prevent the accuser’s escape or risk of harm to
Preventive detention is a special from of imprisonment that is putatively justified for non-punitive purposes. According to American Heritage Dictionary, preventive detention is the ‘Pretrial imprisonment without the right to bail of a person accused of a felony and judged dangerous to society’.
According to “Black’s law dictionary” preventive detention means confinement imposed upon a criminal defendant who has threatened to escape, possesses a risk of harm, or has otherwise violated …show more content…
Detention by the executive without trial inquiry by the court; and the third is that the object is preventive not punitive .
According to Article 3 of the Special Powers Act-1974 , if the concern executive authority is personally satisfied that there is sufficient cause of suspicion against any person of committing any of the acts prohibited by the Special Powers Act, he can give order for punitive detention.
In Gopalan vs. State of Madras, it was held that the word “preventive” means restrain, whose object is to prevent probable or possible activity, which is apprehended from a would be detenu on ground of his past activities .
David H Bayley said that a law of preventive detention law sanctions confinement of individuals in order to prevent them from engaging in forms of activity considered injurious to the community .
So preventive detention means the confinement in a secure facility of a person who has not been found guilty of a crime. We can also say that preventive detention is holding of an accused in the custody of a law enforcement agency, to prevent the accuser’s escape or risk of harm to