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Preventive detention means

 Preventive detention means

a) detention for interrogation

b) detention after interrogation

c) detention without interrogation

d) detention for cognizable offence


Answer. c) detention without interrogation


About Article 22 of the Indian Constitution:


Article 22 of the Indian Constitution contains “Protection against arrest and detention in certain cases”. There are two types of detentions:


Preventive detention:

Preventive detention means the detention of a person by security personnel ( Police) only based on suspicion. 

A person can be detained before his conduct if doubt arises that they would harm society.

However, the detained person has to be present before the magistrate within 24 hours of detention. Prevention detention can be done for a maximum of three months.  It can be extended beyond 3 months if the advisory board confirms it.

According to the Preventive Detention Act 1950, Prevention detention can be extended beyond three months up to a total of twelve months, only after the recommendation of an advisory board[comprised of High Court judges or persons eligible to be appointed High Court judges] 

Article 22 of our constitution allows the authorities to detain individuals for preventive reasons, such as the maintenance of public order or national security.

The rights of the detained person under preventive detention are mentioned in clauses (4) and (5) of Article 22 of the Constitution of India.

The detained person has a right to challenge the detention order if he was already in jail when the detention order was. 

However, he can not claim bail on the ground that he has been in prison beyond twenty-four hours without an order from the magistrate.


Punitive detention:

Punitive detention occurs after an offense is committed, or an attempt has been made towards the commission of that crime.

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