What did the Supreme Court say about preventive detention based on custodial confession? | Explained
The Supreme Court of India ruled that a confession made to a police officer cannot serve as the sole basis for a preventive detention order under the National Security Act. The court emphasized that such orders require independent supporting material to be legally sustainable.
Why it matters
This ruling sets a significant legal precedent protecting citizens from arbitrary detention based solely on custodial statements.
The story so far: The Supreme Court on September 29, 2026 set aside a preventive detention order under the National Security Act, 1980, holding that a confession made to a police officer cannot, by itself and without independent supporting material, form the basis for such an order.
A Bench comprising Justice Dipankar Datta and Justice Sheel Nagu held that since the confessional statement solely formed the basis for the subjective satisfaction of the detaining authority, it is unsustainable in the eyes of law.
The case arose from the violence that broke out in Sambhal, Uttar Pradesh, on November 24, 2024, during a survey of a mosque. Four people were killed and several FIRs were registered.
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