Section 150 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Section 150 – Power to Arrest Without Warrant
🧾 Purpose of Section 150
Section 150 empowers police officers and certain other authorities to arrest a person without a warrant under specified circumstances, particularly to prevent the commission of offences or to ensure public order and safety.
📘 Key Provisions of Section 150
Circumstances Justifying Arrest Without Warrant
A police officer may arrest a person without a warrant if:
The person has committed a cognizable offence.
The person is about to commit a cognizable offence.
The person has been concerned in a cognizable offence, even if not caught in the act.
The person refuses to give their name or address to the police when required.
The person obstructs a police officer while performing their duty.
There is reasonable suspicion that the person is involved in a cognizable offence.
Procedure to Be Followed
The officer must inform the person of the grounds for arrest.
The arrest should be done humanely, respecting the person’s dignity.
The arrested person should be produced before a magistrate within 24 hours of arrest, excluding the time necessary for the journey.
Limits on Power
This power is to be exercised only in cases necessary to prevent crime or maintain order.
Unnecessary or arbitrary arrests are prohibited.
The arrested person’s rights must be protected.
⚠️ Why Section 150 is important
It empowers police to act swiftly to prevent crimes.
Provides legal backing for arrests in urgent situations without waiting for a magistrate's order.
Ensures balance between law enforcement needs and individual rights.
Promotes accountability and transparency in arrest procedures.
✅ Example
If a police officer witnesses a person attempting to commit theft, the officer can:
Arrest the person immediately without a warrant,
Inform the person about the reason for arrest,
Ensure humane treatment,
Present the person before a magistrate within 24 hours.
🔍 Summary Table
| Aspect | Details |
|---|---|
| Who Can Arrest Without Warrant | Police officers and authorized officials |
| When | On suspicion or knowledge of commission or attempt of cognizable offence |
| Obligations | Inform grounds, humane treatment, produce before magistrate within 24 hours |
| Restrictions | Arrest only when necessary; no arbitrary arrests |
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