Delhi CJP protest: Dipke, Das, and Ranka released, but with a condition. What do BNSS Sections 126, 170 say? Explained

Cockroach Janta Party (CJP) leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das were released from detention on a special court’s order on Sunday, a day after they were placed under “preventive arrest” by the Delhi Police.

The trio was among thousands of protesters detained by the Delhi Police ahead of Saturday's Jantar Mantar protest against Chief Election Commissioner (CEC) Gyanesh Kumar.

Dipke, Das, and Ranka were produced before the Special Executive Magistrate court in Delhi Cantt on Sunday, CJP’s legal head Ratna Sinha informed in a post on X.

“A Delhi police official informed me about this in the morning. As CJP's Legal Head, I will be at the police station along with other advocates representing us," Singh said in a post on X.

She said they were charged Sections 126 and 170 of Bharatiya Nagarik Suraksha Sanhita (BNSS).

Sinha later informed that the Executive Magistrate court released Abhijeet Dipke, Saurav Das and Ashutosh Ranka on a condition: “no breach of peace for one year.”

What do BNSS Sections 126, 170 say? Explained

BNSS Sections 126 and 170 were reportedly invoked against the CJP leaders.

Section 126 pertains to the security for keeping peace, and Section 170 allows “arrest to prevent commission of cognisable offences.”

Under Section 126(1) BNSS, if an Executive Magistrate receives information about a person likely to commit a “breach of the peace or disturb the public tranquillity or to do any wrongful act”, they can require the person to show cause why they should not be ordered to execute a bond to keep the peace for up to a year.

If the person fails to show cause, or if the Magistrate is satisfied there are sufficient grounds, they will order the person to execute the bond. If a person fails to furnish the bond, the Magistrate shall hold an inquiry into the matter, according to Vidhikarya Law Chambers.

Section 170, meanwhile, provides a provision to “arrest” an individual “to prevent the commission of cognizable offences.”

Under Section 170 of the BNSS, police must have a legally required basis to believe that an offence is being planned or might occur and that an arrest is necessary to prevent it.

Section 170 o BNSS says:

1. A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

2. No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force.

Why was CJP team detained?

CJP leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das were detained immediately after their plane from Mumbai landed in Delhi.

A video also emerged on social media showing police personnel entering the aircraft Dipke was on board at Delhi airport.

"Aray mai arrest hone ke liye hi aaya hun. Karlo arrest [I have come here to be arrested; arrest me]," Abhijeet Dipke told Delhi police personnel as they asked him to “cooperate.”

"No, this is not an arrest. Please cooperate," the Delhi Police personnel told Dipke. The video shows Dipke joining hands and asking officials if he could at least take his bag along.

The detention came amid an unprecedented security clampdown in Delhi, where more than 7,000 protesters were detained at multiple locations, foiling protesters from reaching Jantar Mantar, police sources told PTI.

Several opposition leaders, including former chief ministers Arvind Kejriwal, Mamata Banerjee, Pinarayi Vijayan and Manik Sarkar, were also detained while attempting to join the protest.

The CJP has renewed its call for a protest at Jantar Mantar on Sunday as police continued their heavy security arrangements with over 30,000 police and paramilitary personnel to be deployed in the city.

The CJP and opposition parties have been demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision of voter rolls.

About the Author

Akriti Anand is a Deputy Chief Content Producer at LiveMint. She is a digital journalist with more than six years in the news industry.<br><br> In her current role, she covers both national and international politics, and also keeps a close watch on the latest trends in science and space exploration. <br><br> Akriti joined the LiveMint team in October 2023. Before this, she built a strong career at other major media houses. She worked as a senior sub-editor at India Today. Later, she moved to CNBCTV-18. There, she covered high-pressure topics like breaking news and major elections. She spent much of her time analysing Parliament bills and complex political debates. She is also a skilled editor who knows how to polish a story for a digital audience. <br><br> One of her career highlights happened at CNBCTV-18. She made her first television debut during the Chandrayaan-3 mission. She also provided special on-air coverage for the Karnataka Elections. <br><br> When she is not busy with breaking news, Akriti loves to write explainers and interview experts on a wide range of issues. She also enjoys making complex space missions easy for everyone to understand. <br><br> Her education helps her tackle these diverse subjects. She holds a BA in English Literature, a Postgraduate Diploma in Mass Communication, and a Master’s degree in Development Studies. She is currently expanding her knowledge in climate journalism.<br><br> Connect with Akriti here<br> LinkedIn: <a href="https://www.linkedin.com/in/akriti-anand-868285199">https://www.linkedin.com/in/akriti-anand-868285199</a><br> Twitter/X: <a href="https://x.com/AkritiAnand7">https://x.com/AkritiAnand7</a><br> Email: akriti.anand@htdigital.in