LEGAL DIMENSIONSOF PREVENTIVE DETENTION LAWS: A COMPARITIVE ANALYSIS BETWEENINDIAN AND AUSTRALIAN LAWS

Abstract

Preventive detention encroaches upon the personal liberty of the person, which is a general sense of the term refers to the basic principle of autonomy and freedom an individual possesses making personal liberty a lost right. The law is not reformative but violative of the constitutional guarantee. This paper argues that the criminal justice system is shifting its focus away from its core principle of being a precautionary measure to a punitive measure whereas it is categorized as a precautionary measure rather than a punitive measure. The object is held to be interception then punishment, but the idea that a person can be detained without trial on mere suspicion seems more draconian. Arbitrary powers available to the state have only added to gross misuse of the act leading to the grid of indefinite incarcerations.