What is preventive detention? How is it different from arrest? What to know about police crackdown on Delhi protests | Today’s news
Parts of Delhi witnessed heightened security on October 10 as protesters gathered to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in electoral rolls. Several protesters reportedly faced problems in reaching Jantar Mantar, where the demonstration was planned, amid police barricades and restrictions.
Abhijeet Dipke Arvind Kejriwal, Mamata Banerjee detained
Delhi Police detained several opposition leaders, including former chief ministers Arvind Kejriwal, Mamata Banerjee and Pinarayi Vijayan, along with CJP leaders Abhijeet Dipke, Saurav Das and Ashutosh Ranka. Dhruv Rathee and All India Students’ Association (AISA) president Neha Bora were also reportedly detained.
More than 7,000 protesters detained
According to the Press Trust of India (PTI), more than 7,000 people, including lawyers and students, were detained while trying to reach the protest site. Actor Imran Khan was also detained during the demonstration in Mumbai.
The detention has raised questions about the legal powers of police during the protests, including when they can take someone into custody without a warrant and what warrants are in place.
Criminal lawyer Swagata Biswas of the Metropolitan Magistrate’s Court, Kolkata tells Live Mint, “A warrant is not always required to detain a person.
The absence of a warrant does not mean that the police can detain anyone without lawful reason. The legality of an arrest or detention depends on the provision used and the circumstances of the case.
Under Section 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police can arrest a person without a warrant or an order from a magistrate if they believe that he intends to commit a cognizable offense and that the offense cannot otherwise be prevented. The provision also limits detention under this power to 24 hours, unless further detention is authorized under another applicable law.
What is preventive detention?
Preventive detention refers to the imprisonment of a person on the basis of a reasonable fear that they may engage in an activity that threatens public order or safety. According to Section 170 of the BNSS, the police must have the basis required by law to believe that a crime is planned or may occur and that an arrest is necessary to prevent it.
How preventive detention differs from arrest
However, it does not give the police unlimited power to arrest people on suspicion alone. Whether a particular detention is lawful depends on the facts and legal grounds relied upon by the authorities.
Preventive detention, which allows authorities to detain a person to prevent anticipated threats, is not the same as a regular arrest. An arrest is generally associated with an alleged crime and subsequent court proceedings.
Laws governing preventive detention include the National Security Act (NSA), 1980; Foreign Exchange Protection and Prevention of Smuggling Act (COFEPOSA), 1974; Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980; and the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Article 22 of the Constitution of India provides safeguards relating to arrest and detention.
