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Gujarat’s Junagadh Range, which has jurisdiction over Porbandar, Gir Somnath and Junagadh, has seen nearly a 34 per cent drop in preventive detentions after Inspector General of Police Nilesh Jajadia ordered that people with no criminal history should not be placed in lockup overnight.
According to data obtained from the Junagadh Range, 7,223 people were placed under preventive detention between January and October 2024. In the same period of 2025, the number fell to 4,765 — a reduction of 34 per cent. In October alone, detentions dropped from 441 in 2024 to 329 in 2025, a fall of 112 cases (25 per cent).
This followed an August 8, 2023 order in which IGP Jajadia directed Station House Officers (SHOs) not to place anyone in lockup overnight unless under exigent circumstances.
Jajadia told The Indian Express, “Innocent people, who did something in the heat of the moment and have no criminal history or intent, should not be put through the grind of the criminal justice system, especially in lockup. Staying in lockup is a very traumatic experience and leads to heightened negativity regarding the system and society. We must try to prevent that.”
Preventive detention was earlier invoked under Section 151 of the Code of Criminal Procedure (CrPC); under the new criminal law, it has been replaced with Section 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Both provisions allow police to arrest someone without a warrant and detain them for 24 hours if it is necessary to prevent a cognizable offence.
Explaining the process, a Superintendent of Police said, “BNSS Section 170 states that the police believe that a person is going to cause disturbance or create a law and order situation. We take a bond from the person before the Mamlatdar. If he acts in contravention, the bond is impounded. The SHO is authorised to hold such a person for 24 hours… This is a very good tool for the police.”
However, Jajadia’s order restricts use of the provision and sets supervisory checks.
The order, seen by The Indian Express, states: “It has come to attention that a large number of arrests are being carried out under CrPC 151. The Supreme Court has, time and again, called the invocation of CrPC 151 sans concrete reasons a violation of fundamental rights. Thus, it is necessary for supervising officers to control the use of the same.”
The order lays out additional conditions: If Section 170 conditions are met, officers must check if the person has any past cognizable offence. If not, written permission from the Sub-Divisional Police Officer (SDPO) of DySP/ASP rank is mandatory. Oral permission must later be recorded in writing and noted in the station diary.
SPs of the three districts have been directed to examine at least one preventive detention case every day to ensure compliance. If “abuse of power” is found, SPs must initiate departmental action.
SPs must also send monthly reports on all cases violating the order. A proforma has been issued for seeking permission to invoke preventive detention.
IG Jajadia said, “The thinking behind this order was that for minor incidents such as affrays, where there is no violence — oral altercations or fights among neighbours — people don’t need to be kept in lockup overnight.”
“I had ordered that only those who have a criminal history can be placed in preventive detention at the police station level. If the officer feels preventive detention is required even for someone without criminal history, they must take SDPO permission giving reasons why it is absolutely necessary,” he said.
He added that two of the three districts had shown “excellent” compliance, while one was a “laggard”. Disciplinary action has been taken against an officer posted at Keshod police station in Junagadh.
Several officers in other districts expressed differing views. One officer said inspectors must retain discretion to act against those who may cause nuisance or commit an offence.
Highlighting risks, a district police chief said, “The intention behind the circular is very good, but there is a difference of opinion about implementation. In a worst-case scenario, if an application says someone is going to fight or cause ruckus, and police do not take preventive action, and then an incident takes place, the blame will fall on the police.”
Dr S Pandia Rajkumar, Additional Director General (ADGP) of Law and Order in Gujarat, said, “The provision says that if the police believes crime is imminent, preventive detention must be used. It should be judiciously used as per the need of the hour. Every case is different.”
ADGP Pandian, a former IG of Junagadh Range, added, “The provision for preventive detention has nothing to do with previous antecedents. If someone is about to commit a crime and we have information, they can be detained. The circular also says that even if there is no criminal history, SDPO permission can be taken, which is fair enough. The basic interpretation is not to misuse the provision.”
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