CrPC Sections 152 and 153: Prevention of Injury to Public Property and Inspection of Weights and Measures
Sections 152 and 153 of the Code of Criminal Procedure, 1973 formed part of Chapter XI dealing with preventive action of the police. This article explains these provisions as they operated before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
Historical-law note: The Code of Criminal Procedure, 1973 was replaced for current criminal procedure by the Bharatiya Nagarik Suraksha Sanhita, 2023 with effect from 1 July 2024, subject to applicable savings and transitional provisions. This page explains the former CrPC provisions for proceedings and legal research where the 1973 Code remains relevant.
Section 152 CrPC - Prevention of injury to public property
Section 152 empowered a police officer, on his own authority, to intervene when an attempt to injure public property was taking place in the officer's view. The provision applied to public property whether movable or immovable and also protected public landmarks, buoys and other marks used for navigation.
A police officer could interpose to prevent an attempted injury, witnessed by the officer, to public movable or immovable property, or the removal of or injury to a public landmark, buoy or other navigation mark.
Meaning and scope of Section 152
The provision was preventive rather than merely investigative. Its purpose was to permit immediate police intervention before the threatened injury to public property was completed. The words requiring the attempted injury to occur "in his view" linked the power to conduct directly perceived by the police officer.
For this section, public property includes property belonging to or maintained for public purposes. The express reference to landmarks, buoys and navigation marks further protected physical indicators important to public administration and navigation.
Section 153 CrPC - Inspection of weights and measures
Section 153 dealt with suspected false weights, measures and weighing instruments. Unlike an ordinary warrant-based search, it expressly authorised the officer in charge of a police station to enter a place within the limits of that police station without a warrant when the statutory condition of reasonable belief was satisfied.
The officer in charge of a police station could, without warrant, enter a place within the station limits to inspect or search for weights, measures or weighing instruments used or kept there when the officer had reason to believe that false weights, measures or weighing instruments were present.
Section 153(2) - Seizure and information to Magistrate:If false weights, measures or weighing instruments were found, the officer could seize them and was required to give information of the seizure forthwith to the Magistrate having jurisdiction.
Conditions for exercise of power under Section 153
The statutory safeguards were built into the provision: the power was vested in the officer in charge of the police station; the place had to be within the limits of that station; there had to be reason to believe that false weights, measures or weighing instruments were present; and a seizure had to be promptly reported to the jurisdictional Magistrate.
Difference between Sections 152 and 153
Section 152 concerned immediate prevention of injury to public property or specified public navigation marks. Section 153 concerned entry, inspection, search and seizure relating to suspected false weights and measures. Thus, Section 152 was triggered by an attempted injury occurring in the police officer's view, while Section 153 depended on the officer in charge having reason to believe that false weighing devices were present at a place within the police station limits.
Legal position before implementation of BNSS
These provisions must be read in their historical CrPC context. For an incident, proceeding or procedural step governed by the former Code, the applicable saving or transitional provision should be checked before relying on the CrPC. For current criminal procedure, readers should consult the Bharatiya Nagarik Suraksha Sanhita, 2023 and the law applicable to the particular proceeding.
This article is a general legal reference and does not substitute for advice on the facts of a particular case.