Sections 149, 150 and 151 CrPC: Preventive Action and Arrest by Police

Sections 149, 150 and 151 of the Code of Criminal Procedure, 1973 formed part of Chapter XI titled "Preventive Action of the Police". These provisions empowered and required police officers to take preventive measures where a cognizable offence was likely to be committed.

Legal status: This article explains Sections 149, 150 and 151 of the Code of Criminal Procedure, 1973 as applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The corresponding provisions under the BNSS are Sections 168, 169 and 170 respectively. This page is retained as a reference to the CrPC provisions applicable to proceedings and events governed by the earlier law.

Meaning of Cognizable Offence under CrPC

Section 2(c) of the Code of Criminal Procedure, 1973 defined a "cognizable offence" as an offence for which, and a "cognizable case" as a case in which, a police officer may, in accordance with the First Schedule to the Code or under any other law for the time being in force, arrest without warrant.

Sections 149 to 151 therefore dealt with preventive police action where there was information, knowledge or apprehension concerning the commission of an offence for which the law permitted arrest without warrant.

Section 149 CrPC - Police to Prevent Cognizable Offences

Section 149 imposed a preventive responsibility upon every police officer. A police officer could intervene for the purpose of preventing the commission of a cognizable offence and was required, to the best of his ability, to prevent its commission.

Effect of Section 149: The provision was preventive rather than punitive. It authorised police intervention before a cognizable offence was actually committed and imposed a duty on police officers to use lawful preventive measures within their authority.

The provision was therefore directed at prevention of an anticipated cognizable offence rather than investigation or punishment of an offence that had already been committed.

Section 150 CrPC - Information of Design to Commit Cognizable Offences

Section 150 dealt with information received by a police officer concerning a design to commit a cognizable offence.

When a police officer received such information, the officer was required to communicate it to:

  • the police officer to whom he was subordinate; and
  • any other officer whose duty it was to prevent or take cognizance of the commission of that offence.
Purpose of Section 150: The provision facilitated prompt communication within the police and to other competent officers so that preventive measures could be taken before the contemplated cognizable offence occurred.

Section 151 CrPC - Arrest to Prevent Commission of Cognizable Offences

Section 151 provided a specific preventive power of arrest. A police officer who knew of a design to commit a cognizable offence could arrest the person concerned without an order from a Magistrate and without a warrant where it appeared to the police officer that commission of the offence could not otherwise be prevented.

Conditions for Preventive Arrest under Section 151

The statutory power contemplated the existence of knowledge of a design to commit a cognizable offence and the police officer's conclusion that the contemplated offence could not otherwise be prevented.

Thus, Section 151 did not create a general power to arrest merely because an officer suspected that some unlawful activity might occur. The arrest contemplated by the section was linked to prevention of a cognizable offence that the officer knew was being designed and which could not otherwise be prevented.

Maximum Detention under Section 151(2)

Section 151(2) expressly restricted detention following an arrest under Section 151(1). A person arrested under the preventive provision could not be detained in custody for more than twenty-four hours from the time of arrest unless further detention was required or authorised under another provision of the CrPC or under another law for the time being in force.

Important safeguard: An arrest under Section 151 did not by itself authorise detention beyond twenty-four hours. Continued detention required independent legal authority under the CrPC or another applicable law.

Difference Between Sections 149, 150 and 151 CrPC

Provision Subject Nature of Police Power or Duty
Section 149 Prevention of cognizable offences Police may intervene and must, to the best of their ability, prevent commission of a cognizable offence.
Section 150 Information of design to commit a cognizable offence Police officer receiving such information must communicate it to superior and other competent officers.
Section 151 Preventive arrest Permits arrest without warrant where the officer knows of a design to commit a cognizable offence and considers that it cannot otherwise be prevented.

Is Arrest under Section 151 CrPC Punishment?

No. The statutory object of Section 151 was prevention. It authorised an arrest in specified circumstances to prevent the contemplated commission of a cognizable offence. It was not a provision imposing punishment for an offence.

Any arrest and detention nevertheless had to comply with the statutory requirements governing the exercise of police powers and the constitutional safeguards applicable to deprivation of personal liberty.

Can a Person Be Detained for More Than 24 Hours under Section 151?

Section 151(2) did not permit detention beyond twenty-four hours merely on the authority of Section 151(1). Further detention had to be independently required or authorised under another provision of the Code or another law in force.

CrPC Sections 149 to 151 and BNSS Corresponding Sections

The Bharatiya Nagarik Suraksha Sanhita, 2023 reorganised the provisions relating to preventive action by police. For present-day reference, the principal corresponding provisions are:

CrPC, 1973 Subject BNSS, 2023
Section 149 Police to prevent cognizable offences Section 168
Section 150 Information of design to commit cognizable offences Section 169
Section 151 Arrest to prevent commission of cognizable offences Section 170

This article primarily explains the position under the Code of Criminal Procedure, 1973 before implementation of the BNSS. The applicable statutory provision should be identified with reference to the date and circumstances of the proceeding concerned.