Section 150 CrPC: Information of Design to Commit Cognizable Offences in India
1. State the Code:
Section 150 of the Code of Criminal Procedure, 1973 (CrPC) deals with “Information of Design to Commit Cognizable Offences.”
2. Explain it:
This section empowers a Magistrate to take preventive action when they receive credible information that a person intends to commit a cognizable offense. Cognizable offenses are those where the police can arrest a person without a warrant. Section 150 aims to prevent the commission of these offenses by taking timely measures.
Key elements of Section 150:
- Information: The Magistrate must receive credible information regarding the design to commit a cognizable offense.
- Design to commit: The information must suggest that the person has a plan or intention to commit the offense, not just a possibility.
- Cognizable Offences: The offense intended must be one that the police can arrest for without a warrant.
- Preventive action: The Magistrate can take steps to prevent the commission of the offense, such as:
- Issuing orders to restrain the person from committing the offense.
- Requiring the person to furnish security for good behavior.
- Ordering the person to be detained in custody.
3. Illustrate it:
Imagine a situation where the police receive information that a group of individuals is planning to vandalize a public building. This would be considered a cognizable offense. The Magistrate, based on this information, can take action under Section 150, such as:
- Ordering the police to patrol the area around the building.
- Requiring the individuals to furnish security for good behavior.
- Issuing orders restraining the individuals from entering the area around the building.
4. Common Questions and Answers:
- Q: What kind of information is considered credible under Section 150?
A: Credible information is information that is reliable and believable, typically coming from a trustworthy source and supported by evidence.
- Q: What are the grounds for a Magistrate to take action under Section 150?
A: The Magistrate can take action only if there is credible information that a person intends to commit a cognizable offense. Mere suspicion or hearsay information is not enough.
- Q: Can a person be detained under Section 150 without a warrant?
A: Yes, but only if the Magistrate deems it necessary to prevent the commission of a cognizable offense and the person poses a serious threat.
- Q: What are the rights of a person against whom action is taken under Section 150?
A: The person has the right to be heard, to be informed of the reasons for the action, and to challenge the order in a court of law.
