Preventive Detention (PD) Act is a law that allows authorities to take someone into custody based on suspicion or anticipation of future criminal activities or disturbances. It is a longstanding authority of an agency charged with enforcing the law to decide where to focus its resources and whether or how to detain someone for non-punitive purposes. PD Act is allegedly justified for non-punitive purposes, and it supports human imprisonment where it is necessary for state purposes such as national defence, keeping the peace and maintaining public order, handling foreign affairs, etc.. Preventive detention means detention of a person by the state without trial and conviction by court, but merely based on suspicion or anticipation of future criminal activities or disturbances.

PD Act is different from conventional criminal prison, which is applicable in both a crisis and a calm scenario. Detained or arrested individuals are protected by Article 22 of the Indian Constitution. However, the Supreme Court has raised concerns over the extensive use of the PD Act in the state of Telangana, India, and has criticized the Telangana police for what it described as an “over-enthusiastic” application of the PD Act, leading to the incarceration of numerous young individuals. The court highlighted that every citizen is equal in the eyes of the law and enjoys fundamental personal freedoms guaranteed by the Constitution of India. Additionally, the Supreme Court stressed the need for courts to scrutinize the arguments presented by enforcers of the PD Act, highlighting that the misuse of such a law posed a threat to the liberty of citizens.