CrPC Section 183
Section 185 of the Criminal Procedure Code (CrPC), 1973 – Power of Police Officer to Require Name and Residence of Suspicious Persons
Text of the Section:
“When a police officer reasonably suspects that a person in any public place has committed a crime or is about to commit a crime, or is carrying anything which may have been stolen or unlawfully obtained, such police officer may require that person to give his name and residence, and may also require him to accompany the police officer to the police station to verify the information.”
Detailed Explanation:
1. Introduction:
Section 185 CrPC empowers police officers to question and verify the identity of persons in public places when they have reasonable suspicion regarding the person’s involvement in a crime or possession of stolen property. This is a preventive provision to maintain public order and prevent crimes.
2. Purpose:
To enable police to identify suspicious persons in public places.
To prevent commission of offences by verifying the identity of individuals suspected of wrongdoing.
To aid police investigations by checking stolen or unlawfully obtained goods.
3. Conditions for Exercising Power:
The police officer must have a reasonable suspicion based on facts or circumstances.
The person must be in a public place.
The suspicion must relate to:
Commission or impending commission of a crime.
Possession of stolen or unlawfully obtained property.
4. Powers Granted to Police:
The police officer may require the person to give their name and residence.
The officer may require the person to accompany them to the police station for verification.
The verification is to confirm the accuracy of the information given.
5. Limitations and Safeguards:
The power is not for arbitrary or unlawful detention; reasonable suspicion is necessary.
The person has the right to know the reason for such questioning.
The police officer must not use this section to harass or intimidate individuals without cause.
6. Related Provisions:
Section 41 CrPC: Arrest without warrant in certain cases.
Section 46 CrPC: Procedures for arrest and detention.
Section 151 CrPC: Preventive arrests to maintain public order.
7. Judicial Interpretation:
Courts have emphasized that reasonable suspicion must be based on objective facts, not mere guesswork.
The power under Section 185 is limited and cannot be used for fishing expeditions.
Police officers should exercise this power with caution and respect for individual rights.
Conclusion:
Section 185 CrPC empowers police officers to verify the identity of suspicious persons in public places based on reasonable suspicion of involvement in a crime or possession of stolen goods. It is a preventive measure aimed at maintaining public safety and order, balanced with protections against misuse.
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