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State of West Bengal - Section

Section 27 in The West Bengal Correctional Services Act, 1992

27. Classification of detenus.—

(1)The detenus shall be classified as political detenus and general detenus.
(2)A detenue shall be classified as a political detenue if—
(a)the charges or any of the charges mentioned in the warrant or order of his arrest or in the memorandum of charges accompaying such warrant or order, indicate activities of a political nature, or
(b)his arrest or order of detention has any connection with any political or democratic movement or any of the charges reveals his association with any such movement, or
(c)he is a person usually associated with political activities and there is reason to believe that he has been arrested principally on political consideration.
(3)All detenus, other than those classified as political detenus under sub-section (2), shall be classified as general detenus.
(4)
(i)All unsocial elements, professional goondas and economic offenders remanded to correctional homes by way of preventive detention under any law for the time being in force, shall be classified as general detenus.
(ii)Any person in respect of whom an order of preventive detention has been made for his involvement in an act which incites or tends to bitterment of feeling between different communities or in any act or movement which may lead to the secession of any part of the territory of India, shall also be classified as a general detenue.