A legal gauge termed preventive arrest is employed to maintain public order as well as prevent potential problems of peace. The law enforcement agencies in India have the power by Section 151 of the Criminal Procedure Code (CrPC) to detain individuals who have been accused of committing an offense but have yet to do so. This provision safeguards the public’s security and safety by acting as a deterrent to possible disturbances.
Nonetheless, the enactment of Section 151 poses issues concerning individual liberty and the balance between upholding law and order and protecting civil rights.
Section 151 crpc
Arrest in order to stop crimes that are punishable by law.
- If a police officer discovers that someone is about to conduct a crime that is punishable by law, they have the authority to arrest the person planning the crime without a warrant or orders from a magistrate, provided they believe there is no other way to stop the crime from being committed.
- Unless prolonged detention is required or authorized by other provisions of this Code or currently enacted laws, no person apprehended under subsection (1) may be held in custody for longer than twenty-four hours after their arrest.
The section in the CrPC that addresses police preventive arrest is section 151 crpc. The aforementioned rule may be applied by the police officer even in the absence of criminal action. If someone is accused of committing a crime that carries a maximum sentence of seven years’ imprisonment, they can typically be taken into custody by the police by following the procedure described in Section 41A of the Criminal Procedure Code; this procedure is not required if the crime has a greater maximum penalty.
Arrest under Section 151: Conditions
The conditions of arrest under this provision are as follows:
- To commit crimes that are punishable by law, there needs to be a plan
- The police need to be aware of it.
- The suspects must be part of the scheme, and
- The police must believe that they are the only ones capable of putting an end to these crimes by making the arrests.
Misuse of power of arrest
- Suppressing criticism and limiting the constitutionally protected right to peaceful assembly are two frequent abuses of Section 151 CrPC. People have the fundamental right to peacefully protest and demonstrate in order to voice their thoughts and complaints in a democratic society.
- However, police have occasionally used Section 151 CrPC to arrest peaceful assembly participants in advance, citing hazy worries about possible rioting or violation of public order.
- Law enforcement officials have been accused of unjustly detaining demonstrators under crpc section 151 during political rallies or anti-government demonstrations in the absence of substantial proof of impending violence or illegal behaviour.
- Such acts not only violate the freedom of expression and assembly guaranteed by the constitution, but they also go against the openness and accountability that characterize democracy.
Section 151 crpc: Important Judgments
- In the case of S. Nambi Narayanan v Siby Mathews & Others Etc, the remedies accessible to people who are the victims of wrongful arrests have been outlined by the Supreme Court. The Court ruled that these victims could pursue the following remedies:
- Settlements;
- Legal action against the arresting authorities.
- The Delhi High Court created some guidelines in the case of Aldanish Rein v State of NCT of Delhi & Anr to prevent the misuse of Section 151 of the Code. Here are some rules that the Court established:
- The Delhi State Legal Services Authority would provide training to ACPs and Special Executive Magistrates from different districts. The training would help them make better use of the capabilities granted to the Section.
- Before setting the accused free on bond, the SHO will confirm the surety bonds.
- The arrestees must be questioned by the Special Executive Magistrates on whether they were told of the reason for their arrest by the police.
Prevention of Arrests is covered under Section 151. Before making an arrest, the police should make an effort to stop any offenses that are considered crimes that are punishable by law. The police would arrest the suspects in accordance with Section 41 of the Code, not Section 151, if they were successful in committing the offenses. This Section does not address the mere fear of a breach of peace. People who protest on the streets don’t always want to conduct crimes that are punishable by law. If you arrest someone under this clause for disturbing the peace, you are breaking the law.
Section 151 CrPC FAQs
- What is misuse of CrPC 151?
Suppressing criticism and limiting the constitutionally protected right to peaceful assembly are two frequent abuses of Section 151 CrPC. People have the fundamental right to peacefully protest and demonstrate in order to voice their thoughts and complaints in a democratic society.
- What is the procedure of Section 151 of CrPC?
If a police officer discovers that someone is about to commit a crime and believes there is no other way to stop the crime from being committed, they have the right to arrest the individual planning the crime without a warrant or instructions from a magistrate.
- What is the constitutional validity of 151 CrPC?
According to Section 151 of the CrPC, a police officer has the authority to make an arrest without a warrant or a magistrate’s orders if he believes that an arrest will stop the crime from being committed. The constitutional safeguards pertaining to such detentions are outlined in Art. 22.
- Is Section 151 a criminal offence?
Section 151 provides one defense against crimes that are subject to legal penalties. As per Section 151(1), police are authorized to make an arrest without a warrant or magistrate’s approval if they have reason to believe that an individual is about to commit any of these offenses. Here, it is necessary to be aware of or apprehend such offenses.
- What are the inherent powers of the Court under Section 151?
Section 151 CrPC grants the court inherent authority to administer justice. This clause must be read to mean that all procedures before the Court for the administration of justice are allowed unless specifically forbidden, not that all procedures are forbidden until specifically allowed.
- What is Section 151 of CrPC preventive detention?
If a police officer discovers that someone is about to commit a crime and believes there is no other way to stop the crime from being committed, they have the right to arrest the individual planning the crime without a warrant or instructions from a magistrate.
- Is warrant needed for preventive detention?
According to Section 151 of the CrPC, a police officer has the authority to make an arrest without a warrant or a magistrate’s orders if he believes that an arrest will stop the crime from being committed.
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