Chapter

Constitutionality of Detention as a Preventive Measure under Chapter viii of the CrPC,1973

B. Uma Devi

in Arrest, Detention, and Criminal Justice System

Published in print March 2012 | ISBN: 9780198075998
Published online September 2012 | e-ISBN: 9780199080953 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198075998.003.0034
Constitutionality of Detention as a Preventive Measure under Chapter viii of the CrPC,1973

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In cases under preventive detention laws, the Supreme Court has time and again observed that preventive detention is a drastic provision which could be resorted to only as an extreme step in the interests of the nation and society. This chapter argues that there is no logical reason why the same policy should not be the determining factor in cases of detention as preventive measure under the CrPC. The propriety of a procedure which not only is apparently unconstitutional but also leaves a wide scope for abuse of powers is highly unconvincing. As such, the provisions should be reviewed and reframed in a way that it is brought within the constitutional parameters. There is no justification in following procedures adopted by British imperialists as a measure of administrative convenience in independent India with a Constitution guaranteeing the fundamental rights.

Keywords: preventive detention law; CrPC; Supreme Court; abuse of powers; independent India; fundamental rights

Chapter.  7034 words. 

Subjects: Human Rights and Immigration

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