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
- SC: 24-hour clock to produce an accused starts at detention, not formal arrest 6 November 2026
The kind of detention this rule does not cover.
- Supreme Court: an accused must be released if not told the grounds of arrest 22 September 2026
Where Article 22 works differently
Previous-year questions on this
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