Preventive Action of Police in CRPC.

1. Preventive Action of Police
Neeraj Kumar Rathore
LLB III sem
CRPC
Roll number- 2000181

2. Introduction and example
• Introduction
• Powers of the Police are very wide and are mostly covered under The Code for Criminal Procedure
Act, 1973, and The Police Act, 1860. The CrPC gives provisions not only for punitive actions to be
taken after the commission of crimes but also for preventive actions to be taken for taking all the
possible measures to prevent the commission of crimes. Powers of the preventive actions of the
police have been highly debated from time to time.
Anna Hazare’s Incident?
• Thousands of people had taken to the streets across India to protest against the arrest of Anna
Hazare, an anti-corruption activist, who was just some hours due to start his indefinite hunger
strike to demand new and tough laws against political corruption. Hazare’s arrest under Section
107 of CrPC combined with preventive action law under Section 151 of CrPC had caused a huge
public outrage across India. By the evening of that day, 13000 of his supporters were arrested in
Delhi while protesting. In the light of this event, this action by the police and the executive
magistrate was questioned and condemned all over India. Following the upsurge of popular anger
which the ‘preventive’ arrest of Anna Hazare triggered, the Delhi Police released the anti-
corruption crusader by nightfall.

3. Preventive Action By The Police
• Preventive measures to be taken by police have been given under Section 149,
150 and 151 of the CrPC.
• Police to prevent cognizable offences
• According to Section 149 of CrPC, every police officer is empowered to interpose
and make his best efforts in preventing a cognizable offence. A police officer is
therefore granted a duty as well as an authority at the same time. Cognizable
offences are serious in nature like murder, rape, dowry death, kidnapping, etc.
• Role of Section 149 in the CAA-NRC protests
• The Mumbai Police on February 8, 2020, had served notices under Section 149
CrPC to the protestors at Nagpada in Mumbai. The notice stated that the sit-in
was being carried out without any requisite permission from the police and also
that the police had warned the protestors verbally. The police in the notice stated
that the responsibility for any law and order that might arise in the future lies in
the hands of the protestors. Some protestors refused to sign the notice.

4. Arrest to prevent the commission of cognizable
offences
• According to Section 151(1), CrPC, a police officer by knowing of or
receiving a design that has a potential to commit any cognizable
offence may arrest such person so designing, without a warrant or
the orders from a Magistrate, provided it appears to the police officer
that the commission of the offence can’t be prevented by any other
way.
• Section 151(2), CrPC, says that the person so arrested shall not be
detained in custody for more than twenty-four hours from the time of
his arrest unless his further detention is ordered by the Magistrate.

5. Prevention of injury to public property
• According to Section 152 of CrPC, a police officer may interpose on
his own if in his view, there is an attempt
• to injure public property whether movable or immovable;
• to remove or injure any public landmark;
• to remove or injure any buoy or other mark used for navigation.
• The term ‘public’ has been defined under Section 12 of the Indian
Penal Code.

6. Conclusion
• Conclusion
• Police are an important part of our society to ensure a smooth and
healthy running of it. It is understandable that the state requires a
smooth mechanism for preventing crimes. However, the ultimate
intention of the state is to ensure the protection of the rights and
interests of the individuals. So, the measures of preventive actions by
the police should be exercised with great caution. Every mistake of
falsely incriminating an innocent person opposes the rule of law and
principles of natural justice. Hence, the police should not misuse
these provisions and strict legal actions should be taken against those
misusing it.