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Preventive detention

Context: Preventive detentions in 2021 saw a rise by over 23.7% compared with the year before, with over 1.1 lakh people being placed under preventive detention, according to statistics released by the National Crime Records Bureau (NCRB)

More on the news

• The number of persons placed under detention has been increasing since 2017 — to over 98,700 in 2018 and over 1.06 lakh in 2019 — before dipping to 89,405 in 2020.
• 2021 Data showed that 1,10,683 persons were placed under preventive detention last year.
• According to Section 151 of the Code of Criminal Procedure, the police are empowered to make preventive arrests if they believe they must do so to prevent the commission of “any cognizable offence”.

Constitutional Provisions related to preventative detention

• The second part of Article 22 grants protection to persons who are arrested or detained under a preventive detention law.
• This protection is available to both citizens as well as aliens and includes the following:
• The detention of a person cannot exceed three months unless the advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court.
• The grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest are not disclosed.
• The detenu should be afforded an opportunity to make representation against the detention order