Law and You >Procedural Laws > BNSS > Preventive Action of the Police (Ss. 169 to 172 BNSS)
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), not only empowers the police to investigate and prosecute offences after they occur but also entrusts them with the responsibility of preventing crime and maintaining public order. Preventive action by the police is aimed at curbing potential threats before they escalate into actual offences. These powers are exercised to ensure peace, protect life and property, and avoid disturbances to law and order. Provisions of Chapter XII containing Sections 168 to 172 of the BNSS lay down the framework for preventive measures, enabling the police to intervene in situations where an offence is anticipated. Though preventive powers are wide, they are not unfettered and must be exercised within the boundaries of law, reasonableness, and constitutional safeguards. Thus, preventive action reflects the balance between individual liberty and the collective interest of society in ensuring safety and security.
S. 168 BNSS:
Police to Prevent Cognizable Offences:
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.
This section plays a pivotal role in the broader framework of the BNSS. By empowering and obligating police officers to prevent crimes, it ensures that law enforcement is not just reactive but also proactive. This proactive approach can deter potential offenders and ensure a safer environment for the public.
Section 168 of the BNSS empowers every police officer to prevent the commission of any cognizable offense. Essentially, it means a police officer can intervene to stop a crime from happening and must make every effort to do so.
Section 168 BNSS specifically deals with cognizable offenses, which are crimes where a police officer can arrest someone without a warrant. The section grants police officers the authority to actively step in and stop a cognizable offense from occurring. It’s not just an option; the section mandates that police officers must do their best to prevent such crimes.
S. 169 BNSS:
Information of Design to Commit Cognizable Offences:
Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.
Section 169 of the BNSS, deals with the information of a design to commit a cognizable offense. It mandates that any police officer who receives information about a design to commit a cognizable offense must communicate that information to their superior officer and any other officer whose duty it is to prevent or take cognizance of such an offense.
The police officer must receive credible information regarding the design to commit a cognizable offense. The information must suggest that the person has a plan or intention to commit the offense, not just a possibility. The offense intended must be one that the police can arrest for without a warrant. The Magistrate can take steps to prevent the commission of the offense, such as:
- Issuing orders to restrain the person from committing the offense.
- Requiring the person to furnish security for good behaviour.
- Ordering the person to be detained in custody.
The information is to be communicated to the immediate superior officer and any other officer who has a role in preventing or investigating the offense.
S. 170 BNSS:
Arrest to Prevent 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 Sanhita or of any other law for the time being in force.
Section 170 of the BNSS deals with the arrest of a person to prevent the commission of a cognizable offense. It empowers a police officer to arrest, without a warrant or magistrate’s order, a person who is apparently designing to commit a cognizable offense, if the officer believes that the offense can’t be prevented otherwise. This section is a preventive measure aimed at maintaining law and order.
Section 170 BNSS is a preventive measure, allowing police to intervene before a cognizable offense is actually committed. The section applies when the police officer has reason to believe that a person is about to commit a cognizable offense. The police officer can arrest without a warrant or an order from a magistrate. The officer must have a reasonable apprehension that the offense cannot be prevented unless the person is arrested.
An arrested person cannot be detained for more than 24 hours from the time of arrest unless further detention is authorized by other provisions of the BNSS. The police officer must have knowledge of a design or intention to commit a cognizable offense. There must be an imminent threat of the offense being committed. The police officer must believe that the offense cannot be prevented by any other means except the arrest.
Section 170 BNSS empowers police to be proactive and prevent crimes rather than just reacting to them after they occur. It plays a crucial role in maintaining law and order by preventing potentially disruptive or harmful events. It can be used to prevent riots, protests, or other situations where violence is likely.
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.
While powerful, Section 170 BNSS can be susceptible to abuse if not applied judiciously. The 24-hour limit on detention and the requirement of reasonable apprehension are safeguards against arbitrary or unjust arrests. The police are required to record the details of the arrest and the reasons for it. If police officers are found guilty of misusing the powers under this provision, they may be subject to departmental inquiries.
S. 171 BNSS:
Prevention of Injury to Public Property:
A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation.
Section 171 of the BNSS empowers a police officer to prevent injury to public property. Specifically, it allows a police officer to interpose, on their own authority, to prevent any injury attempted to be committed in their view to any public property, whether movable or immovable. This also includes the prevention of the removal or injury of any public landmark, buoy, or other mark used for navigation. Devgan.in
In simpler terms, if a police officer witnesses someone trying to damage or destroy public property, they can immediately step in and stop the action. This section is a preventive measure aimed at safeguarding public assets and ensuring public safety. The police officer’s intervention is aimed at preventing the injury from happening in the first place, rather than dealing with the consequences after the damage has occurred.
Public property refers to any property belonging to the government or the public, like roads, bridges, parks, etc. This includes both tangible things like statues, monuments, and equipment, as well as things like land and buildings. This specifically includes markers used for navigation, ensuring safe passage for boats and ships.
S. 172 BNSS:
Persons Bound to Conform to Lawful Direction s of Police:
(1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.
(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.
Section 172 of the BNSS deals with persons being bound to conform to lawful directions of a police officer. It essentially states that all individuals must comply with the legitimate orders given by a police officer in the performance of their duties under that chapter. If a person resists, refuses, or disregards these directions, the police officer has the authority to detain or remove them. In petty cases, the officer can release the individual within 24 hours, but in other instances, they may be taken before a magistrate.
The section emphasizes that the police directions must be lawful, meaning they must be within the bounds of the law and not arbitrary. If a person does not comply with a lawful direction, the police officer can take action. This action can include detaining the person or removing them from the location where the direction was given. In cases where the person is detained, the law stipulates a maximum period of 24 hours for detention before the individual must be produced before a magistrate. If the matter is considered a petty case, the police officer can release the person within 24 hours.
Conclusion:
Preventive action under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), plays a vital role in safeguarding society by empowering the police to act before an offence occurs. By enabling measures such as dispersing unlawful assemblies, preventing cognizable offences, and controlling potential breaches of peace, these provisions serve as tools for maintaining public order and protecting individual rights. However, the preventive powers of the police must be exercised judiciously, with due regard to constitutional principles and safeguards against arbitrariness. While they are essential to ensure security and public safety, their misuse can threaten personal liberty and democratic values. Therefore, a careful balance between authority and accountability is necessary so that preventive action truly serves its intended purpose of promoting peace and justice in society.