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

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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 the apprehension of a breach of peace.

The case arose from a habeas corpus petition filed by Chander Pal Singh, a specially-abled lawyer, who alleged that he was illegally detained by the Ghaziabad police over a neighbour’s complaint. Despite furnishing a bond of ₹50,000, Mr. Singh and his nephew remained in jail and were released only after the High Court intervened.

A Division Bench of Justices Siddharth and Vinai Kumar Dwivedi held that a person detained under these provisions should generally be asked to furnish only a personal bond undertaking to maintain peace and good behaviour.

The Court also held that if a person is detained for more than 24 hours without any valid reason, the State government must pay a compensation of ₹25,000 for every extra day of detention.

The Court further said that the compensation amount can be recovered from the salary of the concerned Magistrate, police officer, or both, if they are found responsible after disciplinary proceedings.

The Court, while establishing stringent rules to safeguard individual rights, also ruled that a person detained under the BNSS or CrPC preventive provisions should be asked to furnish only a personal bond, and the amount should not exceed ₹20,000. The Court emphasised that no surety should ordinarily be required.

It was also held that if the bond amount is increased, the Magistrate must record the reasons, and if the detained person furnishes the bond on the date of detention, he must be released immediately. However, if the person refuses to furnish the bond, the refusal must be recorded in writing and through audio-visual means before he is sent to jail.

The Court also n