Chandigarh, Oct 22
Taking serious note of allegations of illegal detention by the police of a man, the Haryana Human Rights Commission has sought a report from the Superintendent of Police posted in Bhiwani. Quoting a Supreme Court judgment, Commission Chairperson Justice (Retd) Lalit Batra observed that Sections 107 and 151 of the CrPC are preventive in nature and not punitive.
“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,” observed the Chairperson.
Justice Batra observed that Sections 107 and 151 of the CrPC have been replaced by Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita of 2023, which serve the same purpose of preventing imminent harm and ensuring public safety.