For a nation to
have the opportunity to boast about its criminal justice system and effective judicial
mechanisms in place, the primary requirement is to have a capable and honest
police force which is able to investigate, help the court inquire and execute
the laws as prescribed by the legislature and as interpreted by the judiciary,
on ground.
Here in Delhi,
we have a world class police force who is capable of acting on its own and/or as
directed by any superior authority. With the recent changes in the three
criminal laws, the legislature has provided the police with a much more open
hand when it comes to acting against criminals and offences. The legislature has
widened the scope of many sections, has included new provisions relating to new
types of offences, their investigation procedures and ways to handle them,
which was not provided earlier. (For example, Digital evidences).
As you might already
know that the police have the right to arrest a person or an offender if it is
proved inside the court of law. But apart from this also, in Chapter XII of
BNSS (Sections 168 to 172), provide for the Preventive action of the police,
which can be taken by the police officials of any designation, to prevent commission
of any cognisable offence. This chapter provides for the duties as well as
powers of the police officers in such situations, enabling them to act in with
full force to prevent commission of crime in front of them.
We shall be
learning more about all the powers and duties of police officers in such
situations as mentioned to them under BNSS Chapter XII, and would be discussing
the nature of provisions therein. These provisions are crucial for ensuring
that law enforcement agencies can effectively carry out their responsibilities
while respecting the rights of the citizens of this country.
Section 168: Police to Prevent Cognizable Offences
Section 168
empowers every police officer, irrespective of his designation or rank in the
police services, to interpose for the purpose of preventing, and to the best of
his ability, prevent the commission of any cognizable offence. This section
ensures that the police officers have appropriate authority when it comes to
taking action so as to maintain public order and prevent crimes before they occur.
The balance needs to be perfectly matched and should be spot on, not weighing
in favour of any one of police or citizens for it to work as intended. If it
shifts in favour of either of the two, balance gets disturbed and abuse of
powers and authorities may start. On the other hand, if the balance shifts in
favour of the citizens, then also the police wouldn’t be able to take action
against offenders and would enter a loop of searching for authority to act.
Fortunately,
till now we have not witnessed any shift in balance towards any sort of
injustice, and we shall hope this continues in the same way.
Section 169: Information of Design to Commit Cognizable Offences
Section 169
mandates that any police officer who receives information about a design to
commit a cognizable offence must take necessary steps to prevent commission of
the offence by the police officers being mandated to inform their superior officers
and the officers that are capable are trained to act against such cognizable
offences. This section emphasizes the proactive role of police officers in
preventing crimes based on credible information. Also, this section emphasises
the role of Hierarchy in Police forces, the role of ranks and designations
therein.
Section 170: Arrest to prevent commission of cognizable offence
This section
prescribes for a police officer, who is aware of a design to commit a
cognizable offence and knows that such design cannot be prevented otherwise,
powers to arrest such a person without a warrant or without orders from a magistrate
in such a situation. This is very important for the police being able and capable
of responding swiftly to any major threat posed by any cognizable offence.
But then the
legislature adds a sub clause (2), where they state that any person arrested
under the clause (1) of this section, shall be produced before the magistrate concerned
in whose jurisdiction such arrest has been made, and from there the police are
liable to explain the reasons of arrest and detention to the magistrate. If unsatisfied
with the arguments of police, the magistrate can grant bail to such accused
persons. Hence, we can see that the powers are not absolute and are checked and
balanced by the judiciary for better results.
Section 171: Prevention of Injury to Public Property
This section
provides authority to every police officer of any rank or any designation to
being able to respond to any threats or risks posed to any public property,
regardless of if its movable or immovable property, or if any removal or injury
is to be caused to any public property or any landmark.
Police officer
shall have power to act on his own and stop such action against any of such
threats posed to any public property or landmark for the public without going
into the hierarchy and superiors.
Section 172: Persons bound to conform to lawful directions of police
This section
imposes a duty on to the common citizens to abide by the lawful directions made
by any police officer while exercising his authority and disposing of his duty
under the provisions of this chapter XII BNSS.
All the lawful
directions by a police officer shall be obeyed by the public and if any person
refuses to confirm or disobeys such lawful directions, then the police officer
can detain such person, may take a person refusing or disregarding directions
toa magistrate.
In petty cases
though, the police officer if he thinks fit, can release such a person within
24 hours without taking him to the magistrate. This part has clearly been
integrated into the provision to help the courts not be overburdened by such
petty offences. And since the time limit prescribed is up to 24 hours, hence no
right of the imprisoned person can be violated if released before 24 hours.
If P, a police
officer arrests X for creating ruckus while drunk at a public spot, now P has
option to either present X after 12-15 hours have passed and X has sobered down,
or he can just release X after he has sobered down and is no longer in the
influence of alcohol, but before the completion of 24 hours of arrest. If X is kept for 24 hours or more under custody,
P will have to compulsorily take X to a magistrate concerned.
Conclusion
Sections 168 to
172 of the BNSS, 2023, play a crucial role in empowering police officers to
prevent cognizable offences and maintain public order. These sections ensure
that law enforcement agencies can effectively carry out their duties while
respecting the rights of citizens. Understanding these provisions is essential
for legal practitioners, law enforcement agencies, and the general public to
ensure justice and fairness in the legal system.
___________________________________________________________________
Sources/ References :
___________________________________________________________________
Related Blogs:
Compensation for Wrongful Arrests: BNSS Section399 Explained
Decoding Section 163 BNSS: Urgent Orders, Nuisance, and Public Safety
BNSS Medical Examination: Ensuring Justice for Accused and Victims
Default Bail Explained: Your Rights and Options
___________________________________________________________________
Disclaimer:
This Article/essay provides general information and does not constitute legal
advice. Consult a qualified legal professional for specific cases.
Tip: If
you find this Article to be of any relevance, please feel free to give your
feedback to the author via commenting below. Consider following my blog. For
any query or suggestions, you can email the author at support@legalprobe.in
___________________________________________________________________
 BNSS: How Police Measures Prevent Crime Before It Happens){kind=link}
0 Comments