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Report No. 135 7.2. Preventive detention.- Apart from penal legislation proper, the Indian Statute book contains several enactments for the preventive detention of persons suspected of specified prejudicial activities. Women as well as men can be detained under these laws; and, in theory, there could be occasions for the exploitation or harassment of women detained in custody under such laws. By and large, however, such exploitation can be appropriately dealt with, by the special previsions inserted in the Indian Penal Code in 1983, in the shape of section 376 (as amended in 1983) and sections 376B, 376C and 376D (as inserted in 1983).1 In this position, we are not making any special recommendation regarding laws providing for preventive detention. Of course, such safeguards as are contained in the Constitution, or in the relevant enactment, for the protection of persons in preventive detention, would continue to be available. 1. Chapter III, supra.    |
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