Skip to main content

Posts

Showing posts from May 19, 2010

Is Preventive detention-- a proviso to tenets of criminal jurisprudence, a fiction of law..

(1) In criminal jurisprudence, the thumb rule is that, a man may be detained, of course by following the due process of law, if he is accused of having committed an act which is labelled as offence punishable with fine or imprisonment or both. It obviously follows that although a man has some evil intention to commit an illegal act, but he cannot be accused of having committed illegal act as long as the evil act remains in his mind. (2) Article 22 of Constitution of India deals with preventive detention of persons. This article consists of two parts. Clauses (1) & (2) apply to persons arrested under a law otherwise than a preventive detention law. Clauses (4) to (7) apply to persons detained under preventive detention law. (3) The clauses (4) to (7) in essence state that a person detained must be told the grounds of hid detention although the authority may not disclose such facts which in their opinion would be prejudicial to pubic interest if disclosed; One cannot be detaine