Allahabad HC issues guidelines to stop abuse of preventive detention; holds magistrates, policemen personally liable

The Allahabad High Court on Monday, June 8, 2026, issued guidelines to prevent people from being sent to jail for days under the preventive detention provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Code of Criminal Procedure (CrPC) on suspicion of breach of peace.

The case arose from a habeas corpus petition filed by specially disabled lawyer Chander Pal Singh, who alleged that he was illegally detained by the Ghaziabad police following a complaint from a neighbour. Mr. Singh and his nephew remained in jail despite providing security of ₹50,000 and were released only after the Supreme Court’s intervention.

The Bench of Justices Siddharth and Vinai Kumar Dwivedi held that a person detained under these provisions should only be asked to undertake a personal bail to maintain peace and good conduct generally.

The court also ruled that if a person is detained for more than 24 hours without valid reason, the State government must pay compensation of ₹25,000 for each additional day of detention.

The court also said that if they are found responsible after a disciplinary investigation, the compensation amount can be taken from the salary of the relevant Magistrate, police officer or both.

While laying down strict rules to protect individual rights, the court also held that a person detained under BNSS or CrPC preventive provisions should only be asked to furnish a personal guarantee and the amount should not exceed ₹20,000. The court emphasized that bail should not normally be required.

It was also stated that if the bail amount is increased, the magistrate should record the reasons, and if the detained person submits the bail on the date of detention, he should be released immediately. However, if the person refuses to provide the guarantee, this refusal must be recorded in writing and through audio-visual means before being sent to prison.

The court also noted that the person must appear before the Magistrate on the date chosen by him to give the security. If a person is detained for more than 24 hours without valid reason, the State must pay compensation of ₹25,000 per day. If the judge and/or police officer is found responsible for this violation, they will face disciplinary proceedings.

The bench passed the order after noticing a disturbing trend in the state where police officers and Magistrates were sending people to jail for several days just on suspicion of breach of peace. The court observed that such actions were carried out in a “highly irresponsible manner”.