Preventive Action By Police Under Crpc
1. Overview: Preventive Action by Police Under CrPC
The Criminal Procedure Code (CrPC) empowers the police not only to investigate crimes after they occur but also to take preventive actions to avoid the commission of offenses. This is crucial to maintaining law and order.
Key Provisions related to Preventive Action:
Section 107 to 110 CrPC: These sections empower the magistrate to take preventive measures in cases of likely breach of peace or probable commission of a cognizable offense.
Section 151 CrPC: Empowers police to arrest without warrant to prevent the commission of a cognizable offense.
Section 41 CrPC: Police can arrest without warrant in certain cases.
Section 144 CrPC: Magistrate can issue orders in urgent cases of nuisance or apprehended danger.
Though Sections 107-110 primarily deal with magistrates, police have powers under these and other sections to act preventively.
2. Nature of Preventive Action
Preventive detention/arrest: Arrest without warrant to prevent imminent crime (Section 151).
Intelligence gathering and surveillance.
Seizure of weapons or materials likely to be used in crime.
Issuance of warnings or notices to potential offenders.
Maintaining public order through presence or dispersal of crowds.
3. Important Case Laws on Preventive Action by Police
Case 1: Joginder Kumar v. State of UP, AIR 1994 SC 1349
Facts: The case dealt with illegal and preventive arrest by police without proper justification.
Issue: What are the limits of police power in preventive arrests under Section 151 CrPC?
Judgment: The Supreme Court ruled that police must satisfy the court that arrest is necessary to prevent the commission of a cognizable offense. Arrest should be the last resort.
Significance: Police cannot arrest arbitrarily for prevention. There must be a reasonable apprehension of a cognizable offense. Courts must safeguard personal liberty.
Case 2: State of Maharashtra v. Mohd. Yakub, AIR 1980 SC 219
Facts: Police detained persons based on suspicion of their involvement in unlawful activities.
Issue: Whether preventive detention/arrest without concrete evidence is permissible.
Judgment: The Supreme Court held that preventive action can be taken if there is a reasonable and probable apprehension of crime.
Significance: Affirmed the police's power to act preventively but within the bounds of reasonable suspicion, not mere conjecture.
Case 3: D.K. Basu v. State of West Bengal, AIR 1997 SC 610
Facts: Preventive arrests were challenged for violation of fundamental rights.
Issue: Safeguards to be followed during arrest including preventive arrest.
Judgment: The Court laid down detailed guidelines for police to follow during arrest to prevent abuse of power.
Significance: Ensured transparency and protection of individual rights during preventive actions.
Case 4: Kharak Singh v. State of UP, AIR 1963 SC 1295
Facts: The case involved preventive police surveillance.
Issue: Whether police surveillance amounts to violation of privacy and fundamental rights.
Judgment: The Court held that surveillance or preventive actions must be reasonable and not arbitrary or excessive.
Significance: Established limits on police powers in preventive surveillance.
Case 5: State of Rajasthan v. Balchand alias Baliay, AIR 1967 SC 1277
Facts: Police preventive detention was challenged as illegal.
Issue: When is preventive detention/arrest justified under CrPC.
Judgment: The Court clarified that police preventive action must be based on credible information and reasonable apprehension.
Significance: Reaffirmed the necessity of factual basis for preventive action.
Case 6: Prem Shankar Shukla v. Delhi Administration, AIR 1980 SC 1535
Facts: The case involved police use of force during preventive action.
Issue: Whether police have absolute discretion during preventive actions.
Judgment: The Court ruled that police powers must be exercised reasonably and not violate fundamental rights.
Significance: Police discretion is not unlimited; must be balanced against individual freedoms.
4. Summary of Legal Principles
Preventive arrest (Section 151 CrPC) is allowed only to prevent an imminent cognizable offense.
Police must have reasonable suspicion or apprehension, not mere suspicion.
Arrest should be the last resort after considering alternatives.
Police must follow procedural safeguards to prevent abuse (D.K. Basu guidelines).
Preventive actions should not violate fundamental rights like liberty and privacy.
Courts supervise preventive actions to ensure legality and reasonableness.
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