Haryana Human Rights Commission Seeks Report on Alleged Illegal Detention in Bhiwani

October 22, 2025

Chandigarh: Taking serious note of allegations of illegal detention by the police, the Haryana Human Rights Commission (HHRC) has directed the Superintendent of Police (SP), Bhiwani, to submit a detailed report in the matter.

Commission Chairperson Justice (Retd) Lalit Batra cited a Supreme Court judgment, emphasizing that Sections 107 and 151 of the CrPC — and their corresponding provisions under the new law — are preventive, not punitive in nature.

‘Preventive, Not Punitive’

Quoting the apex court’s interpretation, Justice Batra said:

“Section 151 should be invoked only when there is an imminent threat to peace or when a person designs to commit a cognizable offence. Any arrest under this provision must satisfy the conditions that the officer has knowledge of the design to commit an offence and that such an arrest is necessary to prevent its commission.
Otherwise, the arresting officer may be liable for violating the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.”

Justice Batra further noted that Sections 107 and 151 of the CrPC have now been replaced by Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which continue to serve the same preventive purpose of maintaining public safety and averting imminent harm.

Complaint Against Bhiwani Police

The commission’s intervention follows a complaint filed by Ashok Kumar, a resident of Dhana Janga village in Bhiwani district.

Kumar alleged that his brother Jagjeet had lodged a false complaint against him, which led the Station House Officer of Police Station Sadar, Bhiwani, to assign Assistant Sub-Inspector (ASI) Virendra Singh to conduct an inquiry.

According to the complaint, after a medical examination, Ashok Kumar was booked under Sections 126 and 170 of the BNSS (earlier Sections 107 and 151 of the CrPC) and kept in custody overnight before being presented before the Sub-Divisional Magistrate the following day.

Kumar has sought action against the police official involved, alleging unlawful detention and misuse of preventive provisions.

Commission Seeks Detailed Report

Taking cognisance of the complaint, the HHRC has demanded a comprehensive report addressing the basis for summoning, the alleged unlawful detention, the necessity of the arrest, and the conduct of the investigating officer.

The matter has been listed for next hearing on December 17.

Puneet Arora, Information and Public Relations Officer of the commission, said Justice Batra has directed the Superintendent of Police, Bhiwani, to submit the report through the Director of Investigation before the next hearing.