CrPC Section 151-Arrest To Prevent The Commission Of Cognizable Offences

Section 151 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) talks about the preventive powers of the police which allows them to make arrests without a warrant in certain situations. This provision allows the police to work towards the prevention of crimes by taking preemptive measures. The police can take preemptive action and use the powers under this section based on reliable information or valid suspicion. This provision proves crucial in situations where there are chances of an offence being committed, and the police need to intervene immediately or else it will disrupt public safety and order.

Legal Provision Of CrPC Section 151:

Arrest To Prevent The Commission Of Cognizable Offences:

1. A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
2. No person arrested under Sub-Section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.

Essentials Of Section 151 CrPC

Section 151 of the Code includes:

Preventive Action

This section is designed for preventive purposes. It seeks to stop an offence from being committed instead of punishing an individual for committing the offence. The purpose is to take preemptive action to stop a crime.

Cognizable Offense

The powers granted under this section can be used only when the police have information that an individual may commit a cognizable offence. A cognizable offence can be described as the one where the police have the power to arrest without a warrant. Not only that but they have the permission to start an investigation without taking permission from the court. The offences included under this are assault, murder, rioting, rape, etc.

Reasonable Grounds Or Credible Information

The police can act only on reliable information or reasonable suspicions that an individual is inclined to commit a crime. The use of vague suspicions will hold no standing under this provision. 

No Warrant Required

Police have the power to arrest without having a warrant. In other cases, a warrant may be needed from a magistrate, but not under this provision. The law caters to taking speedy action when time is of the essence to stop the crime.

Detention Limit of 24 Hours

When police arrest an individual, they cannot be detained beyond 24 hours. If any formal proceedings or charges are initiated against them within 24 hours, their detention is possible beyond the stipulated time. The purpose is to see to it that individuals are not detained indefinitely without any reasonable purpose. When no formal case is registered in their name, they have to be released at the end of 24 hours.

Release After 24 Hours

When the police do not have legitimate grounds to detain the individual, or when the threat of a crime commission has passed, the police have to release the detained individual within 24 hours. This acts as a safeguard against the abuse of power by the police under this provision.

Non-Punitive Nature

When the police arrest this provision, it is not to be considered punitive. It is done with the intent of stopping a crime. The individual arrested under this provision is not deemed guilty of any offence.

Magisterial Oversight

When the police arrest this section, the magistrate can review their actions to assess if the arrest was made for valid reasons.

Applicability in Public Order Situations

This provision comes in handy in matters related to public order – political unrest, protests, and large public gatherings with a potential for disorder or violence. This law is used to maintain peace and prevent disturbances.

Restrictions on Arbitrary Use

The police do not have the flexibility or the permission to use the powers granted under this section arbitrarily. 

Particulars of Section 151 CrPC

• Chapter: Chapter XII
• Punishment: No punishment has been prescribed.
• Cognizance: Cognizable
• Bail: Does not mention.
• Triable by: Does not mention.
• Compoundability: Non-compoundable
• Section in Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Section 170

Consequences Of Non-Compliance to Section 151 CrPC

If the police abuse their powers granted under this provision, they may have to deal with the following consequences :

Violation of Fundamental Rights 

Arrests that extend beyond the prescribed 24 hour-limit may be arbitrary. If the police do not get prior approval from the magistrate, it can result in a violation of the fundamental rights of the detained individuals. This could result in legal action against the police for their misuse of power.

Departmental Disciplinary Action

If police officers are found guilty of misusing the powers under this provision, they may be subject to departmental inquiries. The disciplinary action can involve demotion, suspension or any other penalties that the department considers appropriate.

Judicial Scrutiny and Liability

Courts can review the actions of police officers. If the actions are found to be not per law, the court can quash the arrest. The officer could be subjected to legal penalties for abuse of power. 

Significance of Section 151 CrPC

Section 151 of the Code plays a crucial role as a preventive tool. It grants power to the police to arrest without a warrant when they have reasonable apprehension that an individual is likely to commit a crime. This provision plays the primary role of maintaining law and order by stopping crimes before they can take place, especially in scenarios where there is a looming threat of protest, riot, stampede, violence, etc. This section highlights the preventive role of the police over the reactive role.

Cases Related to Section 151 CrPC

Smt. Nilabati Behera Alias Lalit Behera v. State of Orissa and Ors. (1993)

In this case, the Supreme Court stated that when custodial violence takes place leading to the death of the detainee, it is a violation of their fundamental right to light under Article 21 of the Indian Constitution.

Moreover, when a person has been detained unlawfully or is the victim of unlawful arrest, two remedies are available to him:

1. The victim can seek compensation from the arresting authorities.
2. The victim can initiate legal action against the arrest authorities.

Aldanish Rein v. State of NCT of Delhi & Anr. (2018)

In this case, the Delhi High Court gave the following guidelines to ensure that the police do not abuse the powers granted to them under Section 151 of the Code 

1. The Delhi State Legal Services Authority was directed to organise training sessions for the ACPs of diverse areas. The training sessions were also to be conducted for Special Executive Magistrates. This training would prove crucial in guiding them to exercise the powers granted to them under this section.
2. The SHO will verify the bonds of surety before releasing the accused on bail.
3. The Special Executive Magistrates have to ask the arrested individuals if the Police have informed them of the grounds of arrest.

Challenges in Implementation

Several challenges in the implementation of Section 151 of the Code are as follows:

Ambiguity in Application

No specific criteria have been laid out to determine when it is appropriate to invoke Section 151. Police officers may come up with diverse interpretations in connection with what constitutes a reasonable or valid belief that an individual is likely to commit a cognizable crime. 

Misuse of Power

Police officers may use the powers granted under this section for their political motives, personal vendetta, etc. to arbitrarily detain individuals without any valid justification.

Lack of Proper Training

Police officers may not be trained adequately on how to apply Section 151. Owing to the lack of thorough understanding of this provision, the police may use it incorrectly, resulting in unlawful arrests or violation of fundamental rights.

Inadequate Monitoring and Accountability

While the magistrate has the judicial power to scrutinize the actions of the police officer, there’s often a lack of oversight in monitoring their actions. The unlawful arrests or arbitrary detention by the police officers may go unchecked and the victims would have limited options to seek justice.

Lack of Awareness

The general public may not be aware of their rights under this provision and the legal recourse available to them when they are the victim of arbitrary detention or unlawful arrest. Owing to the lack of awareness, the victims may face severe issues in seeking justice or lodging complaints against the actions of the police officers.

Conclusion

In the criminal justice system, not only is it important to punish the wrongdoers but it is equally important to take preemptive measures to prevent the offence from taking place whenever it is possible. The significance of this provision lies in its ability to allow police officers to act quickly in arresting an individual without losing precious time when they have a legitimate reason or apprehension to believe that an individual is likely to commit a crime. However, lawmakers can take effective measures to ensure that the provision is implemented effectively with fewer to no instances of misuse of power and provide more clarity on the circumstances under which the police officers can invoke this provision.