Chapter XI
Section 151 CrPC: Arrest to prevent the commission of cognizable offences
New Law Update (2024)
Section 176 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Cognizable
Bailable?
Compoundable?
Bare Act Text
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a 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.
(2) No person arrested under Sub-Section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.
Important Sub-Sections Explained
Section 151(1)
This subsection empowers a police officer to make an immediate arrest, without needing a warrant or a Magistrate’s order, if they have credible information that someone intends to commit a serious (cognizable) crime and believe that the crime cannot be stopped by any other method.
Section 151(2)
This subsection mandates that any person arrested under this preventive power cannot be held in custody for more than twenty-four hours from their arrest, unless there are other specific legal provisions in the CrPC or other laws that permit or require their continued detention.
Landmark Judgements
Md. Salimuddin v. State of West Bengal (2001):
The Calcutta High Court emphasized that the power under Section 151 CrPC is exceptional and must be exercised with great caution. It ruled that arrest under this section is justified only when there is definite information about the design to commit a cognizable offence and the commission cannot be prevented by any other means.
Joginder Kumar v. State of U.P. (1994):
The Supreme Court held that an arrest should not be made mechanically. While laying down guidelines for arrest, it underscored that the police officer must be satisfied that arrest is necessary and justified, even for cognizable offences, a principle that applies strongly to preventive arrests under Section 151.
D.K. Basu v. State of West Bengal (1997):
This landmark Supreme Court judgment laid down comprehensive guidelines to be followed by police officers at the time of arrest and detention, ensuring human rights protection. It mandates specific procedures for informing relatives, preparing memos, and ensuring medical examination, which are crucial for any person detained, including those under Section 151(2).