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Wednesday, July 15, 2020 | History

2 edition of law of preventive detention in India found in the catalog.

law of preventive detention in India

Srikanta Ghosh

law of preventive detention in India

by Srikanta Ghosh

  • 66 Want to read
  • 25 Currently reading

Published by N. M. Tripathi in Bombay .
Written in English

    Places:
  • India.
    • Subjects:
    • Detention of persons -- India

    • Edition Notes

      Statementby S. K. Ghosh. Foreword by S. R. Das.
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Paginationxxi, 207 p.
      Number of Pages207
      ID Numbers
      Open LibraryOL5746045M
      LC Control Number70907734

        Detaining authority also satisfied that the detenues have propensity to indulge in the same act of smuggling and passed the order of preventive detention, which is a preventive measure. (2) Law Herald (SC) IN THE SUPREME COURT OF INDIA Before Hon'ble Mr. Justice N. V. Ramana Hon'ble Mr. Justice Prafulla C. Pant CRIMINAL Preventive Detention Constitution of India – Article 22(5) – Right to Information Act.

      The National Security Act of is an act of the Indian Parliament promulgated on 23 September, whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith". The act extends to the whole of Contains 18 sections. This act empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any. THE PREVENTIVE DETENTION ACT in India Bare Acts, Banking and Insurance, Business and Corporate, Constitutional, Consumer Laws, Criminal Law, Energy, Environmental, Family and Inheritance, Heritage and National Importance, Immigration Law, Labor Law, THE PREVENTIVE DETENTION ACT National Security, Others, Procedural and Administration, Property Related, .

      Invariably preventive detention laws provide that detention order may be executed at any place in India in any manner provided for the execution of warrants of arrest under the Cr. P.C. Further Article 22 of the Constitution is the relevant provision in this regard for arrest of a person which provides as under: .   But in guise of preventive detention law, most of the times the executive authority exercise discretionary power regarding arrest and detention and violates human rights. Preventive Detention and Punitive Detention. Punitive detention is the detention as a punishment for the crime committed by an individual.


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Law of preventive detention in India by Srikanta Ghosh Download PDF EPUB FB2

Preventive detention and Constitution of India On the 26th day of NovemberPeople of India resolved to constitute India into the Sovereign Democratic Republic and in the Constituent Assembly adopted, enacted and gave to themselves an instrument of social contract – the Constitution of India – which became effective from Janu Preventive detention, the practice of incarcerating accused individuals before trial on the assumption that their release would not be in the best interest of society—specifically, that they would be likely to commit additional crimes if they were released.

Preventive detention is also used when the release of the accused is felt to be detrimental to the state’s ability to carry out its. Preventive Detention and Human Rights. Apart from the measures and safeguards relating to preventive detention, the Citizens must follow the necessity of forbidding the crime in expanding further and reasonably support preventive detention, but cases shows unlawful detention stating mechanism for prevention of cognizable offence.

In India, preventive detention is for a maximum period of three months, a limit which can be changed by the ing to Preventive Detention Actit can be extended beyond three months up to a total of twelve months, only on the favourable recommendation of an advisory board, made up of High Court judges or persons eligible to be appointed High Court judges.

The custody arising out of the later is preventive detention and in this, a person is deemed likely to commit a crime. Thus Preventive Detention is done before the crime has been committed.

Within a month of the enactment of the Indian Constitution inthe Preventive Detention Act was introduced. But these laws are repugnant to modern. Preventive Detention is the most contentious part of the scheme fundamental rights in the Indian constitutions Article 22(3) provides that if the person who has been arrested or detained under preventive detention laws then the protection against arrest and detention provided under article22 (1) and22 (2) shall not be available to that person.

Preventive Detention The Article 22 (3) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22(2) s.

A constricted doctrine emerged later on in AK Roy vs Union of India where the Supreme Court adhered to the principle of reading Article 22 in congruence with the golden triangle of Arti 19 and 21 and subjected preventive detention to the satisfaction of the same.

This was followed by a string of judgments in Arun Ghosh vs State of West. The Preventive Detention Acts – The first Preventive Detention Act was enacted by the Parliament on 26th February, The object of the Act was to provide for detention with a view to preventing any person from acting in a manner prejudicial to the defense of India, the relation of India with foreign powers, the security of India.

Order of detention is clearly a preventive measure and devised to afford protection to society. When the preventive detention is aimed to protect the safety and security of the nation, a balance has to be struck between the liberty of an individual and the needs of the society, the Court made it.

Preventive detention laws in India. Parliament passed a legislation named Preventive Detention Act, which talks about the detention of a person on the grounds of defense, foreign affairs or the security of the state.

The right to life and personal liberty is the most cherished one of all the human rights. The enjoyment of all other rights depends upon this basic right.

This book is a significant contribution to the literature on the right to personal liberty. This book covers the provisions of criminal law, particularly those dealing with powers of arrest and detention and the safeguards against arbitrary.

Preventive Detention And Human Rights Putting restraint on the freedom of wrong doing of one person is really securing the liberty of the intended victims.

In the globally terroristic era the theme of this book is based on the very sound relationship between love and hate attitude between law abider and law violator towards detention laws. Additional Physical Format: Online version: Ghosh, Srikanta, Law of preventive detention in India.

Bombay, N.M. Tripathi, (OCoLC) Preventive detention finds a place in article 22 of the Constitution. Preventive detention, that is detention without trial, is a negation of the Rule of Law and the principle of fair trial. A person is deprived of his or her liberty and incarcerated on the basis of suspicion.

It is an anathema to some minds. Some. India became free in and the Constitution was adopted in It is extraordinary that the tramers of the Indian Constitution, who suffered most because of the Preventive Detention Laws, did not hesitate to give Constitutional sanctity to the Preventive Detention Laws and that too in the Fundamental Rights chapter of the Constitution.

Nearly after over seven months of detention, the Jammu and Kashmir administration on Tuesday revoked the preventive detention of former Chief Minister and National Conference leader Omar Abdullah.

INDIA IS one of the few countries in the world where laws allowing preventive detention enjoy constitutional validity even during peacetime. In contrast, the European Court of.

The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties.

The book demonstrates that the procedures governing the use of preventive detention. Limits on preventive detention.

The Supreme Court today asserted that preventive detention laws allowing detentions for a year without trial or bail should be applied only in the "rarest of rare cases" as it rapped the Telangana government for keeping a man in jail for nearly a year merely on the suspicion that he "habitually" stole saris.

Preventive detention laws of India. [B V Kumar] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Contacts Search for a Library. Create Book: All Authors / Contributors: B V Kumar. Find more information about: ISBN: OCLC Number: Notes.The Preventive Detention Act was abrogated in and two years later, another Act with provisions similar to the Preventive Detention Act was passed.

This law was known as the Maintenance of Indian Security Act. 7 This law lapsed in and the National Security Act was established. 8 Under this Act, the Central and State Governments.The Constitution also authorizes the State to make laws providing for preventive detention, subject to certain other safeguards present in Article The provisions pertaining to preventive detention were discussed with scepticism and misgivings by the Constituent Assembly, and were reluctantly approved after a few amendments in