CRPC.pptx

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.