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Preventive detention

In one line: Preventive detention lets the state hold a person to stop a future act, without a trial, under safeguards in Article 22(4) to (7).

How it differs

Punitive arrest follows a suspected offence and leads to a trial. Preventive detention is based on suspicion of what a person may do. Article 22(3) says the 24-hour rule and the right to a lawyer in clauses (1) and (2) do not apply to it.

Its own safeguards

No preventive detention law can authorise detention beyond three months unless an Advisory Board reports sufficient cause, or Parliament provides otherwise by law. The detainee must be told the grounds and given an early chance to make a representation.

Why it is in the news

The 2026 ruling strengthens protection for people arrested for crimes, which makes the weaker protection for preventive detainees more visible.

Where to go next

  • Article 22 of the Constitution
  • Section 37 of the NDPS Act

Preventive detention in the news

Previous-year questions on this

  1. 2023 · GS2 · 15 marks "The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding…
  2. 2021 · GS2 · 15 marks Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their…
  3. 2023 · Prelims Consider the following statements: 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances. 2. The Constitution of India exempts the…

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