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  2. 151. Arrest to prevent the commission of cognisable offence. (1) A police officer, knowing of a design to commit any cognisable offence may arrest, without orders from the 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.

  3. Oct 1, 2018 · Learn about the legal provision that allows a police officer to arrest a person without a warrant if there is a design to commit a cognizable offence. Find out the conditions, limits and exceptions of this section from the Code of Criminal Procedure.

    • Introduction
    • Code of Criminal Procedure and The Relevant Chapters
    • Power of Police Under Sections 107 and 151 of Code of Criminal Procedure
    • Constitutional Validity of Sections 107 and 151 of Code of Criminal Procedure.
    • Abuse of Power Under Sections 107 and 151 of The Code of Criminal Procedure
    • Suggestions
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    For decades, across the globe, there has been an ongoing debate on the validity of preventive arrest by the law enforcement. Preventive arrest simply put, is detaining a person who is likely to commit a cognizable offence in the future. A number of statutes and a variety of provisions have been passed by the legislation in order to prevent such occ...

    Historically, preventive arrest was notoriously used in India during the British rule under the Bengal Regulation— III of 1818(the Bengal State Prisoners Regulation) which empowered the government to detain or arrest anybody on mere suspicion.Various other such statutes were enacted since then and until now such regulations exist. However, these re...

    To understand the power of police under these statutes, it is imperative to examine what the sections exactly convey.

    Numerous petitions have been filed questioning the constitutional validity with regard to the powers vested in the hands of the magistrate and the police under these sections.

    It is no surprise that, though laws may technically satisfy the provisions of the Constitution of India, they still violate rights of the individual by the arbitrary use of such powers. In Ahmed Noormohmed Bhatti vs State Of Gujarat And Ors, 16 March, 2005, when the counsel for the petitioner contended that the guidelines given by Supreme Court in ...

    The author would like to further make a few suggestions on how to combat such arbitrary and irresponsible use of the said provisions: Implementation of guidelines provided by the Supreme Court for cases of preventive detention in D.K. Basu v. State of West Bengal. It is understood that the guidelines that were issued by the Supreme Court in the cas...

    Learn about the legal provisions and procedures for preventive arrest by the police in India under sections 107 and 151 of the Code of Criminal Procedure. Find out the definitions, conditions, limitations and exceptions of these sections and their application in practice.

  4. 151. Arrest to prevent the commission of cognizable offences. 152. Prevention of injury to public property. 153. Inspection of weights and measures. CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 154. Information in cognizable cases. 155. Information as to non-cognizable cases and investigation of such cases.

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  5. Mar 11, 2023 · Learn about the police powers to prevent cognizable offences under Section 151 of the Code of Criminal Procedure. Find out the conditions, the constitutional validity, and the judicial pronouncements related to this section.

  6. Apr 15, 2024 · Learn about the legal provision of preventive arrest under Section 151 of the Criminal Procedure Code (CrPC) in India. Find out the conditions, misuse, and remedies of this power, as well as some important judgments and FAQs.

  7. (1) A police officer, knowing of a design to commit any cognisable offence may arrest, without orders from the 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.

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