Punitive Detention - Law Dictionary Search Results
Home Dictionary Name: punitive detention Page 1 of about 3 results ( seconds)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 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....
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....
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