Discuss the provision relating to the arrest of a person to prevent the commission of a cognizable offense.

Question: Discuss the provision relating to the arrest of a person to prevent the commission of a cognizable offense. (UPHJS 2018)

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Answer

Chapter XI of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) deals with the provisions related to the preventive action of the police. As per Section 149 of the CrPC–

“Every Police Officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent the commission of any cognizable offence.”

Further Section 150 of the CrPC makes it mandatory for the sub-ordinate police officers to inform their higher authority about the design to commit cognizable offence so that they can take action and also fulfill their duty towards restraining the commission of such an offence.

Now, Section 151 of the CrPC expounds on the most significant points regarding arrest to prevent the commission of the cognizable offence. Section 151 says,

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 authorized under any provisions of this Code or of any other law for the time being in force.

The Hon’ble Supreme Court in Ahmed Noor Mohammed Bhatti’s case while examining Section 151 of the CrPC held that the safeguard is already provided in the statute in itself. So, there cannot be any acceptance of claiming the said provision as unreasonable

In the case of Rajender Singh Pathania & Ors. v. State of NCT of Delhi & Ors., the apex court opined that the police officer could arrest solely if he comes to know of a design of the person concerned to commit a cognizable offence.

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