The correct option is 2 and 3 only.
Explanation
Article 22 of the Indian Constitution grants protection to persons who are arrested or detained. It classifies detention into two types: punitive detention (punishment after trial and conviction) and preventive detention (detention without trial based on suspicion).
Statement-wise Analysis:
- Statement 1 is Incorrect. Arresting a person after they have committed an offence to punish them is known as punitive detention. Preventive detention is carried out before an actual offence is committed, with the specific aim of preventing the individual from performing an act prejudicial to the state or public order.
- Statement 2 is Correct. According to Article 22(4), no law providing for preventive detention shall authorize the detention of a person for a period longer than three months unless an Advisory Board reports sufficient cause for such detention before the expiration of the said period. The Advisory Board consists of persons qualified to be High Court judges.
- Statement 3 is Correct. The core rationale behind preventive detention is apprehension or suspicion. It is a precautionary measure invoked when authorities have reasonable grounds to believe that a person may engage in unlawful activity or acts prejudicial to the defense, security, or public order of the country.
Key Takeaway:
Preventive detention is a precautionary measure under Article 22, allowing detention without trial for a maximum of three months, which can only be extended based on the recommendation of an Advisory Board.