Chandigarh, October 22
Complainant Ashok Kumar, a resident of Village DhanaJanga, Tehsil and District Bhiwani, filed Complaint No. 1584/2/2025 before the Haryana Human Rights Commission. The complainant alleged that his brother, Jagjeet, lodged a false complaint at Police Station Sadar, Bhiwani. Acting upon that complaint, the Station House Officer, Police Station Sadar, Bhiwani, assigned ASI Virendra Singh to inquire into the matter.
It has further been alleged that on 13.06.2025, ASI Virendra Singh summoned the complainant to Police Station Sadar, Bhiwani, and threatened him over the phone. Upon reaching the Police Station, the complainant was allegedly subjected to intimidation and made to sit there from morning till evening without any formal arrest. After a medical examination, he was lodged in the lock-up, and a case was registered against him under Sections 126 and 170 of the BharatiyaNagarikSurakshaSanhita, 2023 (which the complainant referred to as Sections 107/151 Cr.P.C.). He remained in custody overnight and was produced before the Sub-Divisional Magistrate the following day. The complainant has requested appropriate action against the erring police official, ASI Virendra Singh.
Justice LalitBatra, Chairperson of the Haryana Human Rights Commission, observed that Sections 107 and 151 of the Cr.P.C. have been replaced by Sections 126 and 170 of the BharatiyaNagarikSurakshaSanhita (BNSS), 2023, which serve the same purpose of preventing imminent harm and ensuring public safety.
The Hon’ble Supreme Court, in the case of “Rajender Singh Pathania& Others vs. State (NCT of Delhi & Others)” [2011 (13) SCC 329], while interpreting Sections 107 and 151 of the Cr.P.C., observed that these provisions 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.
Justice LalitBatra further stated in his order that if the conditions prescribed under Section 170 of the BNSS (corresponding to Section 151 Cr.P.C.) are not met and a person is arrested, the arresting authority may be held accountable for violating the fundamental rights guaranteed under Articles 21 and 22 of the Constitution.
The Commission has sought a detailed report on the following points:
- Basis of Summoning: The grounds on which the complainant was summoned to Police Station Sadar, Bhiwani, and whether due legal process under Sections 126 and 170 BNSS (107/151 Cr.P.C.) was followed.
- Unlawful Detention / Prolonged Stay: The circumstances under which the complainant was made to stay in the Police Station for several hours and whether any official order or justification existed for such detention.
- Necessity of Arrest / Preventive Measures: Whether preventive or coercive action under Sections 126 and 170 BNSS (107/151 Cr.P.C.) was warranted in this case and whether proper procedure was followed.
- Conduct of Investigating Officer: A detailed account of ASI Virendra Singh’s conduct, including alleged threats, detention, and any procedural lapses.
Dr.PuneetArora, Protocol, Information and Public Relations Officer of the Haryana Human Rights Commission, informed that Justice LalitBatra has directed the Superintendent of Police, Bhiwani, to submit a detailed report on the above points through the Director of Investigation of the Commission before the next date of hearing, i.e., 17.12.2025.
