It is important to note that essence of Section 107 of Code of Criminal Procedure (CrPC) has been retained under Sections 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and essence of Section 151 CRPC has been retained under Section 170 BNSS. These sections of CRPC were one of the most used provisions and it is now important to see their application under BNSS. These sections empower the police authorities to take preventive measures when there is credible information about a potential breach of peace or disturbance to public tranquility.
Concept of Preventive Arrest:
Preventive arrest, a concept not explicitly defined in the Bharatiya Nagarik Suraksha Sanhita, involves detaining individuals likely to commit a cognizable offense in the future. This measure is aimed at preventing possible crimes before they occur. Sections 126 and 170 BNSS play an important role in providing legal authority for such preventive actions.
Power of Police under Sections 126 and 170 BNSS:
- Section 126, BNSS: This section provides Executive Magistrates with the authority to demand individuals to show cause for potential breaches of peace or disturbances. It emphasizes the need for a bond, with or without sureties, for keeping the peace.
- Section 170, BNSS: Police officers, under this section, can arrest individuals without a warrant if they have credible information about a person planning to commit a cognizable offense, and arresting them appears necessary to prevent the offense.
While Section 126 BNSS grants powers to Executive Magistrates for preventive action, Section 170 BNSS explicitly empowers the police to make preventive arrests based on their knowledge of a potential offense.
Constitutional Validity:
Sections 107 and 151 of CRPC had faced challenges to their constitutional validity, with concerns raised about potential misuse.
However, various court cases, such as Medha Patkar v. State (2007) and Ahmed Noormohmed Bhatti v. State Of Gujarat (2005), have upheld their constitutionality, emphasizing that these provisions are not arbitrary or unreasonable. Having received the backing of the judiciary in above cases, the essence of these sections have been retained under Section 126 and 170 BNSS.
Abuse of Power and Suggestions:
Despite their constitutional validity, instances of abuse of power have been noted. Suggestions to prevent misuse include implementing guidelines similar to those in preventive detention cases, making thorough inquiries by authorized magistrates, and imposing strict penal charges for misuse.
In conclusion, Sections 126 and 170 of the BNSS provide legal frameworks for preventive arrests, intending to maintain public order and prevent potential offenses.
FAQs on Preventive Arrests under Sections 126 and 170 of Bharatiya Nagarik Suraksha Sanhita (BNSS):
Q1: What is the essence of Sections 126 and 170 in BNSS, and how do they relate to the Code of Criminal Procedure (CRPC)?
A1: Sections 126 and 170 in BNSS retain the essence of Sections 107 and 151 of CRPC, respectively. They empower law enforcement authorities to take preventive measures in situations where there is credible information about a potential breach of peace or disturbance to public tranquility.
Q2: How does preventive arrest work, and what is its purpose?
A2: Preventive arrest, not explicitly defined in CRPC, involves detaining individuals likely to commit a cognizable offense in the future. The purpose is to avert potential crimes before they occur, ensuring public safety and order.
Q3: What powers are granted to Executive Magistrates under Section 126 of BNSS?
A3: Section 126 of BNSS provides Executive Magistrates with the authority to demand individuals to show cause for potential breaches of peace or disturbances. It emphasizes the need for a bond, with or without sureties, to maintain peace.
Q4: How does Section 170 of BNSS empower the police in preventive arrests?
A4: Section 170 of BNSS grants police officers the authority to arrest individuals without a warrant if they have credible information about a person planning to commit a cognizable offense. This arrest is deemed necessary to prevent the anticipated offense.
Q5: Have these provisions faced constitutional challenges, similar to their counterparts in CRPC?
A5: Sections 107 and 151 of CRPC faced constitutional challenges, but court cases such as Medha Patkar v. State (2007) and Ahmed Noormohmed Bhatti v. State Of Gujarat (2005) upheld their constitutionality. The essence of these provisions has been retained in Sections 126 and 170 of BNSS.
Q6: What is the purpose of Sections 126 and 170 in BNSS?
A7: Sections 126 and 170 of BNSS provide legal frameworks for preventive arrests, intending to maintain public order and prevent potential offenses, similar to their counterparts in CRPC.
Power of police to detain and arrest under Sections 126 and 170 of BNSS (Bharatiya Nagarik
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