Section 151 CrPC: Arrest to Prevent Cognizable Offences in India

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Section 151 CrPC: Arrest to Prevent Cognizable Offences in India

Section 151 CrPC: Arrest to Prevent Cognizable Offences in India

1. State the code:

Section 151 of the Code of Criminal Procedure, 1973 (CrPC) empowers a police officer to arrest a person without a warrant if there is reason to believe that such person is likely to commit a cognizable offence.

2. Explain it:

Section 151 CrPC provides a legal framework for preventive arrests. This section is based on the principle of “prevention is better than cure”. It aims to prevent the occurrence of a cognizable offence, which is an offence that is serious enough to warrant the police to arrest the accused without a warrant.

This provision allows police officers to intervene in situations where there is a real and imminent threat of a cognizable offence being committed.

The arrest under Section 151 is a temporary measure. It is not meant to be a punishment. The arrested person can be detained for a maximum of 24 hours.

3. Illustrate it:

  • A person is seen gathering a mob and making inflammatory speeches that could incite violence.
  • A person is found carrying weapons with the intention of causing harm to another person.
  • A group of people are planning to vandalize public property.

In all these cases, a police officer can arrest the person/s involved under Section 151 CrPC to prevent the commission of a cognizable offence.

4. Gist of common questions and answers:

Q: What are the conditions for arrest under Section 151 CrPC?

A: The police officer must have reasonable grounds to believe that:

  • A cognizable offence is about to be committed
  • The person being arrested is likely to commit the offence
Also Read  Section 325 CrPC: Magistrate's Power to Refer Sentence to Higher Court

Q: What are the legal safeguards for a person arrested under Section 151 CrPC?

A:

  • The person arrested must be informed of the grounds for arrest.
  • The person must be brought before the Magistrate within 24 hours of arrest.
  • The person can apply for bail.

Q: Can a person be detained indefinitely under Section 151 CrPC?

A: No. The maximum period of detention under Section 151 CrPC is 24 hours. After 24 hours, the person must be produced before a Magistrate.

Q: What is the punishment for making a false arrest under Section 151 CrPC?

A: The police officer making a false arrest can be held liable for wrongful confinement and other legal actions.


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