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Polity question from JKAS Prelims, 2023 by JKPSC

Consider the following statements  regarding preventive detention law:

1. Preventive Detention involves the detainment (containment) of a person to keep him/her from committing future crimes and/or escaping future prosecution.
2. Article 22 (3)(b) of the Constitution allows for preventive Detention and restriction on personal liberty for state security and public order reasons.
3. Bengal Regulation III of 1818 and the Rowlatt Act of 1919 were enacted to empower the government to arrest anyone for preventive Detention.

The correct answer/s is/are:

Last updated May 13, 2026
Correct Answer: Option D — 1, 2 and 3
Definition (Statement 1 is Correct):
Unlike Punitive Detention (which happens after a trial and conviction), Preventive Detention is based on suspicion. Its objective is not to punish an individual for a past offense but to intercept them before they can commit an act prejudicial to the state.

Constitutional Provision (Statement 2 is Correct):
Article 22 of the Indian Constitution provides protection against arrest and detention. However, Article 22(3)(b) explicitly states that these protections (like being informed of grounds of arrest or being produced before a magistrate within 24 hours) do not apply to a person arrested or detained under any law providing for preventive detention. The State can use this for reasons related to security, public order, and maintenance of essential services.

Historical Context (Statement 3 is Correct):
The concept has deep roots in British colonial law used to suppress the freedom struggle.

Bengal Regulation III of 1818: Allowed the British to detain anyone on "reasonable grounds of suspicion" without trial.

Rowlatt Act of 1919: Famously known as the "Black Act," it allowed the government to imprison any person suspected of terrorism for up to two years without a trial. This led to massive protests and the tragic Jallianwala Bagh massacre.
Answer verified by Quintessence Classes faculty — Karan Nagar, Srinagar.
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JKPSC JKAS 2023 Prelims

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Exam JKPSC
Recruitment JKAS
Stage Prelims
Year 2023
Subject Polity
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