Preventive and punitive detention are often in news. This makes them important from UPSC perspective. By the end of this article you shall be absolutely clear about the difference between preventive detention and punitive detention.
Here are some key differences between preventive detention and punitive detention:
|Under Section 151 of The Criminal Procedure Code, 1973 (CrPC), preventive detention means detention of a person without trial and conviction by a court.||It is to punish a person for an offence committed by him after trial and conviction in a court.|
|Purpose: Its purpose is not to punish a person for a past offence but to prevent him from committing an offence in the near future.||Its purpose is to punish a person for an offence.|
|It is only a precautionary measure and based on suspicion.|
|It punishes for the crime committed.|
|Availability of rights – |
Following rights not available to a person arrested or detained under preventive detention law:
|All these rights are available to a person arrested or detained under a punitive detention law.|
|A detainee under preventive detention has no right of personal liberty guaranteed by Article 19 or Article 21.||A detainee under punitive detention can have the right of personal liberty guaranteed by Article 19 or Article 21.|
We hope now you have no confusion whatsoever between preventive detention and punitive detention.
Till next time.
|Read more: Other articles in the difference between series|