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
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.
