Preventive detention upsc

It is detention without trial. It is done in order to prevent a person from committing a crime.

Arresting a person who has not committed a crime, because government authorities believe that he/she is treat to the law and order.

The constitution empowers the parliament to make a law on Preventive Detention for Defence, Foreign Affairs or the Security of India.

Preventive detention Famous Cases

  • Supreme Court in Alijav vs District Magistrate Dhanbad.
  • Ankul Chandra Pradhan vs Union of India

Preventive detention Laws enacted by Parliament are:

  • National Security Act, Section 13, 1980
  • COFEPOSA – Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
  • Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act Section 13, 1980
  • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 , section 10.

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