Limits of Police Confessions and Overlapping Criminal Proceedings in Preventive Detention

sketch of the Supreme Court of India
Case
MULLA AFROZ v. UNION OF INDIA (Supreme Court of India, 29-09-2026)
Law
Bharatiya Sakshya Adhiniyam, Constitution of India, National Security Act.

Highlights of the Judgment:

  • Analysis of whether an extra-judicial confessional statement made to police can form the sole basis for preventive detention under the National Security Act.
  • Examination of the constitutional right against self-incrimination under Article 20(3) and Section 23 of the Bharatiya Sakshya Adhiniyam, 2023.
  • Reconsideration and partial overruling of the Madras High Court Full Bench decision in Suman v. State of Tamil Nadu.
  • Scrutiny of the blurring lines between preventive detention and punitive action when ordinary criminal process and bail are active.