Preventive detention: Is detention without trial

Preventive detention is detention without trial to prevent a person from committing a crime. Learn about the constitutional and legal aspects of preventive detention, the Supreme Court's stand and the cases involving this issue for the UPSC exam. Definition: Preventive detention is the detention of a person without trial or conviction by a court. Purpose: It is not meant to punish for past actions but to prevent a person from committing a possible offence in the near future. India's Supreme Court on the nation's rules governing preventative detention. The Court observed that these laws are a colonial legacy and grant arbitrary power to the state, emphasizing the need for extreme caution and detailed analysis in cases arising from such laws. For Prelims: Supreme Court, Preventive Detention, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Article 22 (5), Fundamental Rights, Parliament, State Legislature, 44th Amendment Act, 1978, Unlawful Activities (Prevention) Act (UAPA), 1967, Article 21. For Mains: Role of judiciary in balancing democratic principles and personal liberty with preventive detention laws.