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Polity & Governance
Mahesh

07/09/22 14:03 PM IST

Preventive Detention In 2021 Saw A Rise

In News 
  • Preventive detentions in 2021 saw a rise of over 23.7% compared to the year before, with over 1.1 lakh people being placed under preventive detention, according to the latest crime statistics released by the National Crime Records Bureau.
Major Findings
  • In 2017, the NCRB’s Crime in India report found that a total of 67,084 persons had been detained as a preventive measure that year. Of these, the report said 48,815 were released between one and six months of their detention and 18,269 were either in custody or still in preventive detention as of the end of the year.
  • The number of persons placed under detention has been increasing steadily since 2017 — to over 98,700 in 2018 and over 1.06 lakh in 2019 — before dipping to 89,405 in 2020. Data pertaining to 2021 showed that 1,10,683 persons were placed under preventive detention last year, of which 24,525 were either in custody or still detained as of the end of the year and the rest were let go within one to six months of their detention.
  • While the number of persons placed under preventive detention has seen an increase in 2021, the NCRB data showed that the number of people arrested in such a manner under the National Security Act had dipped significantly compared to the year before. Preventive detentions under the NSA peaked in 2020 at 741.
  • This number dropped to 483 in 2021. In 2017, 54.2% of persons detained as such were either in custody or still detained as of the end of the year. In 2021, this number decreased to 49.8%, with more than half of those preventively detained released.
Constitutional Provisions
  • Article 22(3) : It allows for preventive detention and restriction on personal liberty for reasons of state security and public order.
  • Article 22(4): 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: It 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)
Source- The Hindu 

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