Section 149 CrPC: Police Power to Prevent Cognizable Offences
This section empowers police officers to take necessary steps to prevent the commission of cognizable offences, even if they have not actually occurred.
1. Code:
Section 149 of the Code of Criminal Procedure, 1973 (CrPC)
2. Explanation:
Section 149 CrPC grants police officers the power to:
- Prevent the commission of any cognizable offence.
- Apprehend any person who is about to commit, or is suspected of being about to commit, a cognizable offence.
- Seize any property which may be used for committing a cognizable offence.
This power is exercised when there is reasonable apprehension that a cognizable offence is likely to be committed. The police officer must have sufficient grounds to believe that such an offence is imminent. The police officer’s actions should be proportionate to the threat posed and should not be arbitrary or excessive.
3. Illustration:
Imagine a situation where a group of people are gathered in a public place, and the police receive information that they are planning to vandalize property. In this scenario, the police can use their powers under Section 149 CrPC to prevent the vandalism by dispersing the crowd and apprehending individuals suspected of planning to participate in the act.
4. Common Questions and Answers:
Here are some common questions and answers regarding Section 149 CrPC:
- Q: What is a cognizable offence?
- A: A cognizable offence is an offence for which a police officer can arrest a person without a warrant. These offences are generally considered serious.
- Q: What are the limitations on police powers under Section 149 CrPC?
- A: The police must have reasonable grounds to believe that a cognizable offence is imminent. They must also act proportionately and avoid using excessive force.
- Q: What happens if the police officer acts beyond their powers?
- A: The individual affected by such action can seek legal remedy. This may include filing a complaint of wrongful arrest or detention.
