Preventive Actions of the Police

Authors

  • Manish Sharma Author

Keywords:

Criminal Law, Police, Magistrate

Abstract

Criminal law is as a lot of worried about the counteraction of offenses, all things considered with the preliminary and discipline of the miscreant. Accordingly, Chapter XI of the Act contains certain arrangements with respect to preventive move to be made by the Police in specific conditions. S. 149 engages each Police Officer to mediate to forestall the commission of any cognizable offense as well as could be expected. It might be noticed that this segment accommodates avoidance of cognizable offenses as it were. More extensive forces for the avoidance of offenses as a rule are to be found in S. 23 of the Police Act, 1861. Besides, under S. 150, all of Police Officer getting any kind of information of any structure to submit any cognizable offense must impart such data to his senior Police Officer. So likewise, any Police Officer, knowing about a knowledge to submit any cognizable offense, may capture, with no prior order from the concerned Magistrate and that too without a warrant, the individual going to commit the offense, in the event that it appears to such Officer that he can't in any case should otherwise try to prevent the happening of the offense. The paper will be majorly focusing on the preventive actions of the police in the light of law and justice. I. INTRODUCTION Nevertheless, such an individual can't be kept in detention for more than twenty-four hours from the hour of such arrest, except if his further confinement is required or approved under the Code or under some other law. (S. 151). "It has been contended that if any person is arrested under this section, and is thereafter detained under any other preventive measure, example, the Defense of India Rules, the order of that detention would be considered illegal. (Prem Lai Sharma, --1966 13 L.J.R. 395)." The authority of a Police Officer under S. 151 is just restricted and special when it comes to stopping the commission of a cognizable offense; the force is, in no sense, comparable to the power of preventive detention. Under this section in CrPC, a Police Officer has no capacity to hold an individual apprehended fully in an expectation of detention. It has been held similarly 1 Author is a student at Amity Law School, Delhi, India. 2021. International Journal of Integrated Law Review

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Published

2021-03-31

Issue

Section

Research Articles