Bharatiya Nagarik Suraksha Sanhita (BNSS) Section on Preventing Cognizable Offenses
Section: 145 (Corresponding to the repealed Code of Criminal Procedure (CrPC) Section 107)
Explanation: This section empowers an Executive Magistrate to take preventive action against individuals suspected of planning a cognizable offense. If the Magistrate receives credible information that a person is concealing their presence and is likely doing so to commit a crime, they can order the individual to provide a bond for good behavior.
Illustration:
Imagine a local magistrate receives information that a group of individuals are gathering in a secluded location, behaving suspiciously, and attempting to avoid detection. The Magistrate, suspecting that they might be planning a violent attack or another serious crime, can invoke Section 145 and order the individuals to appear before them.
The Magistrate will then examine the situation and determine whether there is sufficient reason to believe the individuals are planning a cognizable offense. If so, the Magistrate can require them to provide a bond, with or without sureties, to ensure they maintain good behavior for a specified period, not exceeding one year.
Common Questions and Answers
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Q: What is a “cognizable offense”?
A: A cognizable offense is a crime that is serious enough for the police to make an arrest without a warrant. -
Q: Can anyone be subjected to this section?
A: No. The Magistrate must have credible information that a person is concealing their presence and is likely doing so to commit a cognizable offense. Mere suspicion is not enough. -
Q: What happens if a person fails to provide a bond?
A: If the person fails to provide a bond, the Magistrate may take action, such as issuing a warrant for their arrest. -
Q: What are the safeguards against misuse of this section?
A: This section is subject to judicial oversight and can be challenged in court. Individuals have the right to legal representation and can appeal the Magistrate’s decision.
