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25 June 2026 16 views

Preventive Detention Under BNSS 2026

theIAShub
theIAShub
25 Jun, 2026
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Preventive Detention Under BNSS 2026
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Constitutional provisions allowing state detention without trial on suspicion of future crime — critical after Allahabad HC ruling on systemic misuse.

Why in News

The Allahabad High Court intervened on 25 June 2026 after a judicial inquiry revealed Ghaziabad police detained nearly 2,500 individuals in one year using preventive detention provisions, demanding expensive sureties that forced marginalized citizens into unlawful imprisonment.

Key Facts

  • Preventive detention allows state to detain individuals without trial purely on suspicion of future crime — non-punitive, precautionary measure.
  • Previously governed by Sections 107 and 151 of CrPC, now under Sections 126 and 170 of Bharatiya Nagarik Suraksha Sanhita (BNSS). (UPSC Mains Usage: Criminal law reform — compare old CrPC vs new BNSS framework in GS2.)
  • Article 21 guarantees personal liberty — detention must be absolute exception, not routine administrative tool.
  • 24-hour rule: Detaining beyond 24 hours without producing before Magistrate constitutes illegal confinement.
  • Court mandated ₹25,000 per day compensation for unlawful detention — recovered from erring officers' salaries, not public funds.
  • Personal bond cap: Must not exceed ₹20,000 — demanding expensive financial sureties or asset-backed deposits prohibited.
  • Audio-visual recording mandate: Refusal to execute bond must be documented via both written and A-V means before jail custody.
  • Case involved disabled Dalit advocate from Ghaziabad detained after minor dispute, highlighting Article 14 and 15 violations (equality and anti-discrimination).

Quick Revision Box

Term

Detail

BNSS Sections 126, 170

Govern preventive detention (replaced CrPC Sections 107, 151)

Personal Bond Cap

Maximum ₹20,000 — higher amounts require written justification

24-Hour Rule

Statutory limit for detention without Magistrate production

Compensation Rate

₹25,000 per day for unlawful detention beyond 24 hours

Recovery Source

Deducted from erring officers' personal salaries, not public funds

Constitutional Safeguards

Articles 21 (liberty), 14 & 15 (equality, non-discrimination)


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