Question

Explain the following:

Preventive Detention.

Answer 1

Preventive detention refers to the act of detaining a person without trial, based on the suspicion that they may commit an offence in the future. It is used by the state as a preventive measure, not as punishment for a past act. Under Article 22 of the Indian Constitution, a person can be detained under preventive detention for a maximum of three months without the opinion of an Advisory Board. This board, comprising High Court judges, must approve further detention. Although it limits personal liberty, preventive detention is permitted in cases involving national security, public order, or foreign affairs, but must be exercised cautiously to prevent misuse.