CrPC Section 148
CrPC Section 148: Arrest of person to prevent the commission of cognizable offence
🔹 Text of Section 148 CrPC:
"When any person is reasonably suspected to be about to commit a cognizable offence, any Magistrate, or any police officer, may arrest, or order the arrest of, such person, and may take or cause to be taken from him such security as he may consider sufficient, that he will appear and answer for the offence if it be committed."
🔍 Explanation in Simple Terms:
Section 148 empowers a Magistrate or a police officer to arrest a person on suspicion that they are about to commit a serious (cognizable) offence, even before the offence has been committed.
⚖️ 1. What Does This Mean?
If a Magistrate or police officer has reasonable grounds to believe that a person is going to commit a cognizable offence (which are serious crimes like murder, robbery, rape, etc.), they can arrest that person in advance to prevent the crime.
This is a preventive measure to stop crime before it happens.
🧑⚖️ 2. Who Can Arrest?
Any Magistrate (Executive Magistrate or Judicial Magistrate).
Any police officer.
📌 3. What Powers Do They Have?
They can arrest or order the arrest of the suspected person.
They can require the person to give security (like bail or bond) that he will not commit the offence and will appear before the court if needed.
⚠️ 4. What Is a Cognizable Offence?
An offence in which the police can investigate and arrest without prior permission from the Magistrate.
Typically serious offences like murder, robbery, dacoity, etc.
🧷 Why Is Section 148 Important?
It is a proactive law enforcement tool to prevent serious crimes.
Helps maintain public order and safety by acting on reasonable suspicion before harm occurs.
🧠 Example:
Police receive credible information that a person is planning to commit a robbery that night.
Under Section 148, the police officer can arrest the suspect before the robbery happens to prevent the crime.
Summary:
Section 148 CrPC authorizes the preventive arrest of persons suspected to be about to commit serious crimes.
Both Magistrates and police officers have this power.
It is aimed at preventing offences rather than punishing them after they occur.
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