S.170 BNSS Grants Limited Powers, No Punitive Jail: Raj HC

S.170 BNSS Grants Limited Powers, No Punitive Jail: Raj HC

The Rajasthan High Court quashed the preventive detention of petitioners arrested under Sections 126, 170, and 130 of the BNSS, 2023, amid a property dispute. Despite having tenancy rights, they were arrested for allegedly disturbing public order. The Executive Magistrate granted bail but imposed illegal conditions, including a ₹50,000 bond and two character certificates. Failure to comply led to continued incarceration. The Court ruled this punitive use of preventive powers violated Article 21 and was a misuse of Section 170 BNSS, which grants only limited preventive jurisdiction. It held that preventive arrest cannot substitute ongoing criminal proceedings and that arbitrary bail conditions lack legal basis. The Court criticized the Executive Magistrate’s policing mindset and directed the Rajasthan government to review such appointments, enforce judicial training for Executive Magistrates, and take action against the ACP. Emphasizing judicial independence, it declared the detention illegal and ordered systemic reforms to prevent future misuse of preventive laws.