The Allahabad High Court has expressed serious concern over what it described as “shocking affairs” in the Prayagraj Police Commissionerate, flagging the alleged misuse of preventive detention powers under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by local police authorities.
Background
The case arose when the High Court was hearing matters related to preventive detention orders passed by the Prayagraj Police Commissionerate under provisions of the BNSS. Preventive detention under BNSS allows police to detain persons preventively in certain circumstances to prevent commission of offences or breach of peace.
The Court found that the police had been using these preventive detention powers in a manner that appeared to go beyond the legitimate purpose of such detention, raising serious concerns about the arbitrary use of coercive power against citizens.
High Court’s Observations
The Allahabad High Court made strong observations about the manner in which preventive detention powers were being exercised. The Court described the situation as involving “shocking affairs” and called for accountability of the concerned police officials.
The Court reaffirmed that preventive detention is a serious restriction on personal liberty and can only be justified in cases where there is a genuine threat of commission of an offence or breach of peace. Using preventive detention as a tool of harassment or for purposes other than those permitted by law is unconstitutional.
Constitutional Framework
Article 21 of the Indian Constitution guarantees the right to life and personal liberty. Preventive detention represents one of the most significant restrictions on this right. The Constitution under Article 22 provides for certain procedural safeguards for persons detained under preventive detention laws, including the right to be informed of the grounds of detention and the right to make representations against the detention.
Courts have consistently held that preventive detention provisions must be strictly construed and applied only within the bounds of the law, given their potential for abuse.
Significance
This case is significant in the context of the newly enacted BNSS, which replaced the CrPC in July 2024. As courts continue to interpret the new law, judgments like this will shape how preventive detention provisions under the BNSS are understood and applied.
Court: Allahabad High Court | Source: LiveLaw | June 2026
