Preventive detention explained: Know your constitutional rights
The detentions during the October 10 protests have brought renewed attention to preventive detention, constitutional protections and the limits of state power. What is preventive detention? When can authorities legally detain someone without trial? What protections does Article 22 of the Constitution provide? And what did the Supreme Court say about detentions, mobility restrictions and the right to peaceful protest? This explainer breaks down the legal framework governing preventive detention, Section 163 of the BNSS, and the constitutional safeguards available to citizens in India.
· 10/14/2026, 9:35:39 AM· 2 min read
The detentions during the October 10 protests have brought renewed attention to preventive detention, constitutional protections and the limits of state power. What is preventive detention? When can authorities legally detain someone without trial? What protections does Article 22 of the Constitution provide? And what did the Supreme Court say about detentions, mobility restrictions and the right to peaceful protest? This explainer breaks down the legal framework governing preventive detention, Section 163 of the BNSS, and the constitutional safeguards available to citizens in India.
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