In Chandigarh on October 22, the Haryana Human Rights Commission reacted to an alleged police arrest that many say was illegal. The commission asked the Superintendent of Police in Bhiwani to deliver a full report about the case, citing a Supreme Court judgment that reminds police that sections 107 and 151 of the Criminal Procedure Code are meant for prevention, not punishment.
Justice (Retd.) Lalit Batra, chair of the commission, explained that section 151 can only be used when a person poses an imminent threat or plans to commit a crime. Such a pre‑emptive arrest must show clear evidence that the officer knows of the planned offence and that the arrest is truly needed to stop it. If this test isn’t met, the officer risks violating the Constitution’s Articles 21 and 22, which guarantee life and liberty.
The commission also pointed out that India’s 2023 security laws have replaced those old sections. Sections 107 and 151 of the CrPC are now covered by sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita, which serve the same purpose of preventing harm and protecting public safety.
The complaint that prompted the inquiry came from Ashok Kumar of Dhana Janga village in Bhiwani. Kumar says his brother Jagjeet filed a false allegation. Acting on that complaint, the station house officer at Police Station Sadar assigned Assistant Sub‑Inspector Virendra Singh to investigate. After a medical exam, Kumar was booked under what the police called sections 107 and 151 (actually sections 126 and 170 of the new law). He spent one night in custody and was presented before a Subdivisional Magistrate the following day.
Kumar now wants the police officer, ASI Virendra Singh, to be held accountable. The commission is looking for details on unlawful detention, the reason for the arrest, whether preventive action was necessary, and how the investigation was conducted. Justice Batra told the police that the superintendent must hand over a comprehensive report through the commission’s Director of Investigation by the next hearing, scheduled for December 17.
Puneet Arora, the commission’s public‑relations officer, confirmed that the report is required before the hearing. This case highlights the importance of police restraint and the need to follow legal guidelines when detaining suspects.
Source: ianslive
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