Section 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 170, BNSS 2023 — Detailed Explanation
Purpose:
Section 170 empowers police officers to take preventive action when they have information about the planning or intention of a cognizable offense. This provision aims to enable law enforcement to intervene early and prevent crimes from occurring.
Key Provisions:
Authority to Arrest Without Warrant:
If a police officer obtains credible information or has reasonable grounds to believe that a cognizable offense is about to be committed or is being planned, the officer may arrest the accused without a warrant and without prior approval from a magistrate.
This power is granted only when it appears that without such arrest, the offense cannot be effectively prevented.
Limits on Detention:
After arresting a person under this section, the police cannot keep the individual in custody for more than 24 hours without producing them before a magistrate.
Further detention beyond 24 hours is only permissible if allowed under other relevant legal provisions or laws.
Comparison with CrPC Section 151:
This section is similar in spirit to Section 151 of the Criminal Procedure Code (CrPC), 1973, which also authorizes police to arrest without a warrant to prevent the commission of a cognizable offense.
Both sections emphasize the police’s preventive role and include the 24-hour limit for detention before judicial scrutiny.
Objective:
The main objective of Section 170 is to provide the police with a proactive tool to prevent crimes by intervening at the planning stage.
At the same time, it balances this authority by safeguarding individual rights through timely judicial oversight.
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