Q. With respect to the constitutional provisions related to the preventive detention, consider the following statements:
- Article 22(3) allows for preventive detention and restriction on personal liberty for reasons of state security and public order.
- Article 22(4) says that no law providing for preventive detention shall authorize the detention of a person for a longer period than 15 days unless an Advisory Board reports sufficient cause for extended detention.
Which of the statements given above is/are correct?
Answer:
Only 1
Notes:
- Section 151 of the Code of Criminal Procedure empowers the police to make preventive arrests if they believe they must do so to prevent the commission of “any cognisable offense. This detention can be extended beyond 24 hours if required “under any other provisions of this Code or of any other law”.
- Article 22(3) allows for preventive detention and restriction on personal liberty for reasons of state security and public order.
- Article 22(4) says that no law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless an Advisory Board reports sufficient cause for extended detention.
- 44th Amendment Act of 1978 has reduced the period of detention without obtaining the opinion of an advisory board from three to two months. (This provision has not yet been brought into force).