Section 144 and preventive detention are both legal measures used to stop trouble before it happens. However, they are very different in how they work and how they affect people’s rights. Let’s check what exactly do these terms mean and when are they imposed. (PTI)
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 bans public gatherings, protests, carrying weapons or restrict movement in a particular area. It is usually imposed during riots, communal tension, protests or other emergencies. The aim is to prevent violence and maintain law and order. (File photo)
Preventive detention means keeping a person in custody without a regular criminal trial because authorities believe they may commit an act that could threaten national security or public order. It is allowed under Article 22 of the Constitution, but only under certain laws and with legal safeguards. It is used in special cases where officials believe a person’s actions could pose a serious risk. (PTI)
The biggest difference is that Section 144 applies to an area or a group of people, while preventive detention applies to a specific individual. Section 144 limits certain activities, such as gathering in large numbers, but it does not automatically mean people will be arrested. Preventive detention, on the other hand, involves taking a person into custody before they commit a crime because of a possible future threat. While Section 144 places temporary restrictions on public activities, preventive detention is the imprisonment of a person without trial or conviction in suspicion that they may commit a threat in the future. (File photo)
Before the Cockroach Janta Party’s (CJP) march on Monday, Delhi Police had imposed prohibitory orders under Section 163 of the BNSS (formerly Section 144 CrPC). This meant protest marches, processions, demonstrations and assemblies of five or more persons were strictly prohibited, except at the designated protest site, with prior permission. (File photo)
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