What is a preventative detention? How is it different from arrest? What to know amid police crackdown in Delhi protests

Delhi Police detained more than 3,000 protesters as they tried reaching Jantar Mantar for the planned protest by CJP against Chief Election Commissioner Gyanesh Kumar. Understand what powers do police have to detain protesters, and what safeguards apply.

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 difficulties 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.

3,000+ protestors detained

According to the Press Trust of India (PTI), more than 3,000 people, including lawyers and students, had been detained while attempting to reach the protest site. Actor Imran Khan was also detained during a demonstration in Mumbai.

Quick answers to key questions

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QUESTIONS

Preventive detention is the confinement of someone based on a reasonable apprehension that they may engage in activity threatening public order or security. Under Section 170 of the BNSS, police must have the required legal basis to believe an offence is planned or may happen and that detention is necessary to prevent it.

Preventive detention is intended to stop an anticipated threat. An ordinary arrest is generally connected to an alleged offence and the legal process that follows.

Yes. Police may arrest without a warrant or magistrate’s order if they believe a cognisable offence is being planned and it cannot otherwise be prevented. Detention under this power is limited to 24 hours unless further detention is authorised under another applicable law.

No. The article says preventive detention does not give police unrestricted power to detain people merely on suspicion. Whether a detention is lawful depends on the facts and the legal grounds relied upon.

Article 22 of the Constitution of India provides safeguards relating to arrest and detention. The article also notes that the legality of a detention depends on the provision invoked and the circumstances.

The detentions have raised questions about the legal powers of the police during protests, including when they can take someone into custody without a warrant and what safeguards apply.

Criminal lawyer Swagata Biswas of Metropolitan Magistrate Court at Kolkata tells Live Mint, “A warrant is not always required to detain a person.”

An absence of a warrant does not mean that the police can detain anyone without a lawful basis. The legality of an arrest or detention depends on the provision invoked 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 a plan to commit a cognisable offence and that the offence cannot otherwise be prevented. The provision also limits detention under this power to 24 hours unless further detention is authorised under another applicable law.

What is a preventative detention?

Preventive detention refers to the confinement of a person based on a reasonable apprehension that they may engage in an activity that threatens public order or security. Under Section 170 of the BNSS, the police must have the legally required basis to believe that an offence is being planned or might happen and that arrest is necessary to prevent it.

How preventative detention is different from arrest

However, it doesn't give the police an unrestricted power to arrest people merely on suspicion. Whether a particular detention is lawful depends on the facts and the legal grounds relied upon by the authorities.

Preventive detention that allows authorities to hold a person to prevent anticipated threats is not the same as an ordinary arrest. An arrest is generally associated with an alleged offence and the subsequent legal process.

Laws providing for preventive detention include the National Security Act (NSA), 1980; the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974; the Prevention of Black-marketing and Maintenance of Supplies 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.

About the Author

Sneha Biswas specialises in covering entertainment and pop culture, with a specialisation on Bollywood, Hollywood, OTT platforms, K-pop, K-dramas, and major developments in the US entertainment industry. She believes in telling stories that balance speed with substance, and in making entertainment journalism contextual, culturally aware, and reader-first rather than purely reactive.<br><br> With over six years of experience in digital media, Sneha currently serves as a Deputy Chief Content Producer at Live Mint. She has spent more than three and a half years with the HT Group and returned to the organisation in February 2025, joining Live Mint to uplift the entertainment section. Over the past year, she has been closely involved in entertainment coverage including breaking news, explainers, trend reporting, box office reports and analysis for the audience.<br><br> Sneha is Google News certified, having completed training focused on newsroom best practices, digital reporting, and SEO-driven content strategies. Her work reflects a strong understanding of audience behaviour, search trends, and the evolving consumption patterns of entertainment news across formats.<br><br> Prior to her current role, Sneha has worked across multiple content and editorial functions within digital newsrooms, building expertise in content planning, editing, and real-time coverage. Her professional interests lie at the intersection of entertainment, internet culture, and global pop trends.<br><br> Working for the National city team, Biswas closely follows global entertainment movements while maintaining a strong pulse on what is happening in India.