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yash kan krish (Trainee)     14 November 2012

Detained meaning

what does detained mean. Is it included in criminal background or record.



Learning

 2 Replies

Palak Singh   31 March 2020

Detained under the Indian Law is usually said in reference to Preventive detention.

Preventive detention means to detain a person so that to prevent that person from commenting on any possible crime or in other words preventive detention is an action taken by the administration on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the state. Preventive detention comes under Article 22.

When it comes to what is included in one’s criminal background/record, it includes an individual’s contacts with law enforcement agencies. It provides details of all arrests, convictions, sentences, parole violations as well as dismissals and not guilty verdicts committed by an individual. Hence if a person is detained by police on some suspicion, it is possible that the same maybe added in the criminal record.

1 Like

175B083 Mahesh P S   10 December 2020

Hello,

As per Section 151 of The Criminal Procedure Code, 1973 (CrPC) preventive detention is action taken on grounds of suspicion that some wrong actions may be done by the person concerned.

A police officer can arrest an individual without orders from a Magistrate and without any warrant if he gets any information that such an individual can commit any offence.(reasonable apprehension to commit a crime)

Protection: Article 22 of the Indian Constitution protects individuals against arrest and detention in certain cases.

 

If a person is detained by the police as per section 151 of the Criminal Procedure Code, then it might possibly be reflected on this record.
 

Thank you.


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