Q. Consider the following statements:
1. Punitive detention is based on suspicion, while preventive detention requires a prior conviction.
2.Preventive detention aims to punish an individual for a past offence after a court trial.
3.Punitive detention is imposed after trial and conviction, whereas preventive detention is a precautionary measure without trial.
How many of the above statements are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1 only

[B] 2 only

[C] 3 only

[D] None

Answer: A
Notes:

Explanation:

  • Article 22 protects individuals who are arrested or detained. Detention is categorized into two types: punitive and preventive.
  • Punitive detention occurs when a person is punished for an offence after undergoing trial and being convicted by a court.
  • In contrast, preventive detention involves detaining an individual without trial or court conviction. Its objective is not to penalize someone for a past offence but to prevent them from committing an offence in the future.
  • Preventive detention serves as a precautionary measure based on suspicion.

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