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Question
Article 20 provides for Protection in Respect of Conviction for Offences. In this respect answer the following:
What is meant by Preventive Detention? State the right of citizens in this respect.
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Solution
Preventive detention is defined as keeping a person in custody when there is a reasonable suspicion that the person might be involved in crime that would harm the state. A person detained under Preventive Detention may be held in detention for up to three months without trial. Such an individual has the following rights:
- Prevention detention does not mean that a person is accused. This is just a precautionary step.
- Detention beyond three months can only be extended by a specially formed Advisory Board, which includes a High Court judge.
- The detainee must be informed of the basis for his or her custody. He also has the right to make a representation against the detention order.
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