Judicial Dictionary - D

Judicial Dictionary


Legislative Dictionary


Detention

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CategoryD
TitleDetention
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The action of detaining; the keeping in confinement or custody; a keeping from going on or proceeding.

Detention’ means ‘keeping back’. This may take place either by physical force that is to say, the person detained is kept back by physical force or threat; or it may be due to deception practiced on the person concerned; or it may be due to inducement or persuasion. [Alamgir v. State 1956 BLJR 184, ILR 35 Pat 93.]

There is a material distinction between a fresh order of detention and an order of extension of detention. A fresh order of detention is not affected by the previous detention having been illegal, whereas an order of extension of detention becomes illegal if the detention if the detention, which extends it was itself illegal.

See, ss. 2(c), 3 of the Special Powers Act 1974, S. 54 of the Code of Criminal Procedure, 1898 (v of 1898).

Created OnApril 23, 2011, 9:08 AM
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