Study notes

Section 149 of the Code of Criminal Procedure (CrPC) grants authority to every police officer to interpose and prevent the commission of any cognizable offense. Here are detailed notes on Section 149:

Empowerment of Police Officer: Section 149 empowers every police officer, regardless of rank or designation, to interpose and prevent the commission of cognizable offenses. A cognizable offense refers to an offense for which a police officer may arrest without a warrant, as specified in the First Schedule of the CrPC or any other relevant law.

Objective: The primary objective of this section is to enable the police to take immediate and effective action to prevent the commission of cognizable offenses. It aims to maintain law and order and ensure public safety.

Applicability: Section 149 applies to all police officers, irrespective of their rank or position within the police hierarchy. It also applies to all cognizable offenses, regardless of their nature or seriousness.

Recognition of Existing Power and Duty: Section 149 does not confer any new power on the police. Instead, it acknowledges and affirms the existing power and duty of the police to prevent cognizable offenses. It serves as a reminder of their responsibility in maintaining public order and safety.

Protection from Liability: Section 149 provides immunity to police officers for any civil or criminal action arising from acts done in good faith under this section. This provision safeguards police officers from legal consequences when they act within their authority and in the interest of public safety.

In summary, Section 149 empowers police officers to prevent the commission of cognizable offenses, recognizing their existing power and duty in maintaining law and order. The section outlines the obligations and limitations of police officers while taking preventive measures and ensures protection from liability when acting in good faith.

Study notes

Section 150 of the Code of Criminal Procedure, 1973 (CrPC) pertains to the duty of a police officer upon receiving information regarding a design to commit a cognizable offence. Here are some key points to note about this section:

Duty to communicate information: According to Section 150, when a police officer receives information about a design or plan to commit a cognizable offence, they have a duty to communicate that information to two parties:

a. The police officer to whom they are subordinate.

b. Any other officer whose responsibility includes preventing or taking cognizance of such offences.

Cognizable offences: Cognizable offences are those for which a police officer has the authority to arrest without a warrant. Examples of cognizable offences include murder, rape, theft, robbery, etc. These are typically serious offences that require immediate police action.

Preventive action: Section 150 is part of Chapter XI of the CrPC, which focuses on the preventive action of the police. It aims to empower the police to take timely and effective action to prevent the commission of cognizable offences and maintain law and order.

Communication of information: When a police officer receives information about a planned cognizable offence, they must promptly communicate this information to their superior officer and any other relevant officer responsible for preventing or taking cognizance of such offences. This ensures that appropriate preventive measures can be taken.

Importance of timely action: The purpose of Section 150 is to enable the police to act swiftly in response to information about a planned offence. By communicating the information to the relevant authorities, the police can coordinate their efforts and deploy resources to prevent the offence from being committed.

It is important to note that the interpretation and application of specific legal provisions may vary based on jurisdiction. Therefore, it is advisable to consult the relevant jurisdiction’s legal resources or seek professional legal advice for precise and up-to-date information.

Study notes

Section 151 of the Code of Criminal Procedure, 1973 (CrPC) grants powers to a police officer to make an arrest without a warrant when they have knowledge of a design to commit a cognizable offence. Here are the key points to note about this section:

Arrest without orders or warrant: Under Section 151, a police officer who possesses information about a planned cognizable offence can make an arrest without seeking orders from a Magistrate or obtaining a warrant. This provision empowers the police officer to take immediate action to prevent the commission of the offence.

Conditions for arrest: The police officer can exercise the power of arrest under Section 151 if it appears to them that the commission of the offence cannot be prevented through any other means. The provision is meant to enable the police to intervene swiftly and effectively when immediate action is necessary to maintain law and order.

Preventive action: Section 151 is part of Chapter XI of the CrPC, which focuses on the preventive action of the police. It enables the police to proactively take measures to stop the commission of cognizable offences and uphold public order.

Detention period: A person arrested under Section 151 cannot be held in custody for more than 24 hours, unless their further detention is authorized under other provisions of the Code or any other applicable law. This provision ensures that the arrested person’s rights are safeguarded and prevents prolonged detention without proper justification.

Distinction from Section 150: Section 151 differs from Section 150 of the CrPC in terms of the action taken by the police officer. While Section 150 emphasizes the duty to communicate information about a planned offence to superior officers and relevant authorities, Section 151 provides the power to directly arrest the person involved in the design to commit the cognizable offence.

Study notes

Section 152 of the Code of Criminal Procedure, 1973 (CrPC) grants authority to a police officer to take action on their own to prevent injury or damage to public property and landmarks. Here are the key points to note about this section:

Protection of public property: Section 152 empowers a police officer to interpose and prevent any attempted injury or damage to public property. Public property refers to any property that belongs to the government or is utilized for public purposes. This includes both movable and immovable property.

Protection of public landmarks: In addition to public property, Section 152 also covers the protection of public landmarks. Public landmarks encompass monuments, buildings, statues, signs, buoys, or any other marks used for navigation that hold historical, cultural, or geographical significance.

Independent authority: This section grants the police officer the authority to take immediate action without the need for orders from a Magistrate or a warrant. It allows the officer to intervene whenever they witness an attempt to injure or damage public property or landmarks.

Preventive action: Section 152 falls under Chapter XI of the CrPC, which focuses on the preventive action of the police. By empowering the police officer to intervene and prevent harm to public property or landmarks, this section aims to safeguard public assets and maintain law and order.

Study notes

Section 153 of the Code of Criminal Procedure, 1973 (CrPC) grants the officer in charge of a police station the authority to enter any place within the limits of their station for the purpose of inspecting or searching for false weights, measures, or instruments for weighing. Here are the key points to note about this section:

Purpose of entry: The section allows the officer in charge of a police station to enter a place within their jurisdiction without a warrant. The purpose of such entry is to inspect or search for weights, measures, or instruments for weighing.

False weights, measures, or instruments: The officer may exercise this power if they have reason to believe that there are false weights, measures, or instruments for weighing present in the place being inspected. False weights, measures, or instruments refer to those that are inaccurate, tampered with, or designed to deceive in determining the quantity or value of goods or commodities.

Seizure and reporting: If during the inspection or search, the officer finds any false weights, measures, or instruments, they have the authority to seize them. Additionally, the officer is required to promptly inform a Magistrate with jurisdiction about the seizure.

Preventive action: Section 153 is part of Chapter XI of the CrPC, which focuses on the preventive action of the police. It aims to ensure fair trade practices, protect the interests of the public, and maintain accuracy and transparency in commercial transactions involving weights, measures, and instruments for weighing.