Roshan Singh Lamba, Bennett University
ABSTRACT
We have a variety of Substantial and Procedural laws in India whose applicability varies from case to case. Different Acts provides for different provisions. Preventive Detention is one such provision which is provided under different statue as to under Article 22(3) of the Constitution of India, 1950 which provides for inapplicability of clauses under Article 22(1) and 22(2) in case of Preventive Detention. As the name suggests, Preventive Detention is Detention made in order to prevent any person from committing any possible anticipated crime on the grounds of suspicion about commission of the crime by the administrative, as per the provision of Sec 151 of The Code of Criminal Procedure (CrPC), 1973 arrest can be made by the administrative authority that is, by police officer on anticipation of commission of any cognizable offence by the person arrested, such arrest can be made without issuance of warrant by the magistrate. Arrest can be made on anticipation of commission of crime if there is no other way to prevent such offence to take place.
Preventive Detention is the power held by the executive to maintain the law and order in the area as provided under Sec. 151 of CrPC, 1973 and is much in headlines in recent times in various instances, Record of crime rate in India is maintained by National Crime Records Bureau, which annual crime rates throughout the country, as per latest records, released by National Crime Records Bureau there is a rise in the cases of Preventive detention, there is 23.7% increase in preventive detention cases in 2021 as compared to that of 2020, 1.1 lakh individuals were held in preventive detention in 2021.
This paper aims to highlight the instances of preventive detention and approach of Judiciary in different instances and the applicability of Rule of Law.
