Efficacy of ordinary criminal law as the primary mechanism for crime control

Ordinary criminal law forms the fundamental framework for addressing criminal offences, and recourse to extraordinary preventive detention must strictly remain a measure of last resort. When ordinary criminal statutes provide adequate procedures, such as arrest, custodial interrogation, trial, and bail conditions, the executive is bound to operate within that normal legal system. Preventive detention should not be deployed merely to overcome procedural delays or perceived difficulties in securing convictions under regular evidence rules. The fear that an accused might continue unlawful activities after obtaining bail must be addressed through statutory remedies available under the Code of Criminal Procedure. Resorting to preventive detention without demonstrating why normal criminal prosecution is ineffective or impossible reflects improper exercise of administrative discretion. Constitutional courts will not permit the executive to replace ordinary criminal jurisprudence with summary detention orders for routine law enforcement. Therefore, proving the absolute inadequacy of normal criminal law is a vital condition precedent before invoking preventive detention. (Roshini Devi v. The State of Telangana and Others | 2026 INSC 41)