Preventive Detention: A Black Scar on India’s Democracy

Author - Ayush Raghav

Student - Sharda University, Noida

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Under Section 151 of The Criminal Procedure Code, 1973 (Cr PC) preventive detention is action taken on grounds of suspicion that some wrong actions may be done by the person concerned. A police officer can arrest an individual without orders from a Magistrate and without any warrant if he gets any information that such an individual can commit any offense. Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases. This paper deals with the various laws regarding the preventive detention in India. The historical perspective and constitutional validity of the preventive detention is discussed in this paper including the landmark judgements that helps to understand the topic and gives a clear view of the law.
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