CrPC Section 151
Section 151 of the Criminal Procedure Code (CrPC), 1973
Arrest to Prevent the Commission of a Cognizable Offence
Bare Text of Section 151:
"When any offence is about to be committed, or when a breach of the peace, or disturbance of the public tranquility, is apprehended, any Magistrate or any officer in charge of a police station may arrest or cause to be arrested the person who is likely to commit such offence, and may take or cause to be taken such order as will ensure the commission of the offence or the disturbance of the public tranquility."
Detailed Explanation:
1. Purpose and Context:
Section 151 empowers a Magistrate or a police officer to arrest a person without a warrant to prevent the commission of a cognizable offence or breach of peace.
This is a preventive power aimed at stopping crimes before they occur and maintaining public order.
2. Key Provisions:
| Element | Explanation |
|---|---|
| When Applicable | When an offence is about to be committed or breach of peace is feared. |
| Who Can Exercise Power | Magistrate or officer in charge of police station. |
| Action Allowed | Arrest or cause arrest of likely offender; take necessary measures to prevent offence or disturbance. |
3. Scope and Limitations:
The power is preventive, not punitive. It aims to stop offences before they happen.
Applicable only to cognizable offences (serious crimes where police can investigate without court orders).
The arrest must be justified by reasonable apprehension of offence or disturbance.
4. Practical Importance:
Helps authorities maintain law and order proactively.
Prevents escalation of violence, riots, or criminal acts.
Acts as a deterrent for potential offenders.
5. Practical Example:
If a police officer receives reliable information that a person is planning to commit robbery, they can arrest that person under Section 151 even before the crime is committed to prevent it.
Similarly, if a public meeting is likely to turn violent, police may take preventive actions.
Summary Table:
| Aspect | Details |
|---|---|
| Purpose | Prevent commission of cognizable offence or breach of peace |
| Authority | Magistrate or police officer in charge of police station |
| Action | Arrest without warrant; take preventive measures |
| Limitation | Must be reasonable apprehension; applies to cognizable offences |
| Legal Nature | Preventive, not punitive |
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