Preventive Detention - Law Dictionary Search Results
Home Dictionary Name: preventive detentionPreventive detention
Preventive detention. By the (English) Prevention of Crime Act, 1908 (8 Edw. 7, c. 59), s. 10, as amended by the (English) Indictments Act, 1915 (5 & 6 Geo. 5, c. 90), a person after three previous convictions after attaining sixteen years of age, can with the consent of the Director of Public Prosecutions, R. v. Waller, (1910) 1 KB 364, in certain cases be charged, R. v. Smith, (1910) 1 KB 17, with being an habitual criminal, and if the charge is established, he can, in addition to a punishment of penal servitude, receive a further sentence of not less than five years or more than ten years, called a sentence of preventive detention. During such detention the Secretary of State has power to let the person out on licence, if he is satisfied that there is a reasonable probability that he will abstain from crime and lead a useful an industrious life, or that he is no longer capable of engaging in crime. Unless the offender admits he is an habitual criminal the jury must determine whether...
Preventive detention and punitive detention
Preventive detention and punitive detention, there is a vital distinction between these two kinds of detention. 'Punitive detention' is intended to inflict punishment on a person, who is found by the judicial process to have committed an offence, while 'preventive detention' is not by way of punishment at all, but it is intended to prevent a person from indulging in conduct injurious to the society. The power of preventive detention has been recognised as a necessary evil and is tolerated in a free society in the larger interest of security of the State and maintenance of public order. It is a drastic power to detain a person without trial and there are many countries where it is not allowed to be exercised except in times of war or aggression, Francis Coralie Mullin v. Adm UT of Delhi, AIR 1981 SC 746 (749): (1981) 1 SCC 608....
Punitive and preventive detention
Punitive and preventive detention, 'punitive deten-tion' is intended to inflict punishment on a person, who is found by the judicial process to have committed an offence, while 'preventive detention' is not by way of punishment at all, but it is intended to pre-empt a person from indulging in conduct injurious to the society. The power of preventive detention has been recognised as a necessary evil and is tolerated in a free society in the larger interest of security of the State and maintenance of public order. It is a drastic power to detain a person without trial and there are many countries where it is not allowed to be exercised except in times of war or aggression. Our Constitution does recognise the existence of this power, but it is hedged-in by various safeguards set out in Articles 21 and 22; Francis Coralie Mullion v. Administrator, AIR 1981 SC 746: (1981) 1 SCC 608: (1981) 2 SCR 516....
preventive detention
preventive detention : detention of a defendant awaiting trial for the purpose of preventing further misconduct or protecting an individual or the public ...
Such detention
Such detention, refers to preventive detention and not to any period for which such detention is to continue because the decision about the period of detention can only be taken by the detaining authority, State of West Bengal v. Ashok Dey, (1972) 1 SCC 199; Pooran Lal v. Union of India, 1958 SCR 460. [See Constitution of India, Art. 22(a)(4)]The expression 'such detention' in Article 22(4)(a) of the Constitution refers to preventive detention and not to an period for which such detention should continue and s. 11(1) of the Preventive Detention Act does not contravene the provision of Article 22(4) (a) of the Constitution, Puranlal Lakhanpal v. Union of India, AIR 1958 SC 163: (1958) SCR 460. See also State of West Bengal v. Ashok Dey, AIR 1972 SC 1660....
Punitive detention
Punitive detention, is intended to inflict punish-ment or a person who is found by the judicial process to have committed an offence while preventive detention is not by way of punishment at all, but is intended to pre-empt a person from indulging in conduct injurious to the society, Francis Coraise Mullin v. Administration of Delhi, AIR 1981 SC 746: (1981) Cr LJ 306.Means when a person as a result of conviction for some offence or where he is under preventive detention because of an order of detention having been made under the defence of India Rules or the Preventive Detention Act, Harkishan Singh v. State of Punjab, AIR 1996 Punj 248....
Period of detention
Period of detention, undergone by the accused to be set off against the sentence of imprisonment. Code of Criminal Procedure, 1973 (2 of 1974), s. 265-9. See also Criminal Law (Amendment) Act, 2005 (2 of 2006), s. 4.The expression 'period of detention' in s. 428, Criminal Procedure Code, 1973 does not include the detention under preventive detention laws such as the Preventive Detention Act or MISA. Champalal Poonjaji Shah v. State of Maharashtra, AIR 1982 SC 791: (1982) 1 SCC 507: (1982) 3 SCR 61....
detention
detention 1 : the act or fact of detaining or holding back ;esp : a holding in custody 2 : the state of being detained ;esp : a period of temporary custody prior to a trial or hearing see also preventive detention ...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Detained
Detained, 'detained' includes detained under any law providing for preventive detention. (Civil Procedure Code, 1908, O. 16A, R. 1)Detained includes detained under any law providing for preventive detention. [Criminal Procedure Code, 1973, s. 266(a)]...
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