The Definition Of Preventive Detention Essay - 1634 Words

CHAPTER-1 1.1 Meaning of preventive detention Preventive detention does not have any authority’s definition in Indian law. In Indian terms, preventive detention means detention of a person by executive order with a view to prevent the person from endangering the state security, disturbing public order or essential supplies and services or adversely affecting other specified objects of public interest. In other words, preventive detention is the imprisonment of a person with the aim of preventing them from committing further offence and of maintaining public order. It is the detention of a person without trial in such circumstances that the evidence in possession of the authority is not sufficient to make a legal charge or to secure the conviction of the detenu by legal proof, but may still be sufficient to justify his detention. Preventive detention differs from imprisonment on conviction or during investigation of the crime of an accused, which permits separate classification of the detenu under preventive detention. It is to prevent breach of law while imprisonment on conviction during investigation is subsequent to the commission of the crime. The object of preventive detention is not to punish, but to intercept, to prevent the detenu from doing something prejudicial to the state or to prevent an individual from achieving the particular object. The satisfaction of the concerned authority is a subjective satisfaction in such a matter. 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