Section 151 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Paraphrased Provision
Section 151 empowers a police officer to arrest a person without a warrant if the officer has reasonable grounds to believe that the person is about to commit a cognizable offence, and that such arrest is necessary to prevent the commission of that offence.
🔍 Detailed Explanation
✅ 1. What is Preventive Arrest?
This is an arrest made before a crime is actually committed.
It is intended to prevent the offence from happening.
✅ 2. When Can Police Arrest Without Warrant?
The police officer must have reasonable suspicion or grounds that a person is about to commit a cognizable offence (a serious offence where police can start investigation without magistrate’s permission).
The arrest is to prevent the offence or maintain public order.
✅ 3. Conditions for Arrest
The police officer must be convinced that:
The person poses an imminent threat of committing a crime.
Arrest is the only way to prevent the offence.
✅ 4. Limits on Section 151 Arrest
It cannot be used to arrest for past offences — only for anticipated future offences.
The arrest must be necessary and proportionate.
It must be reported to a magistrate promptly, and the detainee has rights during detention.
👮 5. Practical Scenario
If police receive credible information that someone plans to incite violence at a public event, they can arrest that person under Section 151 to prevent the violence.
Similarly, if a person is about to trespass or cause harm, police can intervene beforehand.
⚖️ 6. Purpose of Section 151
To enable quick action by police to maintain law and order.
To prevent crime rather than punish after the fact.
To protect public safety and security.
📝 Summary Table
| Aspect | Explanation |
|---|---|
| Type of Arrest | Preventive arrest without warrant |
| When | When a cognizable offence is about to be committed |
| Requirement | Reasonable grounds/suspicion |
| Purpose | To prevent imminent offence |
| Limitations | Cannot be used for past offences; must be necessary and proportional |
| Punishment | N/A (this is arrest procedure, not punishment) |
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