Chapter XI
Section 149 CrPC: Police to prevent cognizable offences
New Law Update (2024)
Section 173 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.
Important Sub-Sections Explained
Landmark Judgements
Pravin Kumar v. The State of Bihar and Ors. (2020):
The Patna High Court reiterated the mandatory nature of the duty cast upon police officers under Section 149 CrPC to prevent the commission of cognizable offences, emphasizing that such a duty is not merely discretionary but an obligation to ensure public order and public safety.
Ram Lal v. State of Rajasthan (2018):
The Rajasthan High Court highlighted that Section 149 CrPC empowers and obligates police officers to take proactive steps to prevent cognizable crimes, underscoring their crucial role in maintaining law and order and safeguarding public interest by intervening at the nascent stage of an impending offence.