Chapter 12 Summary - BNSS 2023

Chapter 12: Preventive Action of the Police - Summary

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The preventive powers and duties are laid down in Chapter 12 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) titled “Preventive Action of the Police”. It contains Sections 168 to 172 which together define the scope, authority and procedural safeguards for preventive police action. This Chapter is the statutory successor of "Chapter XI-Preventive Action of the Police" under the Code of Criminal Procedure, 1973 (CrPC), amended to conform to the revised legislative framework.

It is the primary responsibility of the State to maintain public law and order, which is very essential for the peace, harmony and overall socio-economic progress of the society. As per division of legislative authority as per the Union List , State List and 'Concurrent List' of the 'Seventh Schedule' of the Constitution of India , this duty is primarily under the Police Department under the Home Department of the State Government concerned, and the Central Government as well, when required .

India is a democracy and, as such, affords its citizens “fundamental rights” and other legal protections. These rights are, however, not absolute and are subject to reasonable limitations in the interest of 'Public Order', 'Security' and prevention of crimes. To this end the Police are vested with certain statutory powers to be exercised in good faith for taking preventive action in respect of any contemplated unlawful act or possible offence. These powers are intended to prevent the occurrence of offences and to ensure public safety and the protection of property.

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Section 168 – Police to Prevent Cognizable Offences

Duty and authority to intervene to stop the commission of any cognizable offence.

• Obligation to act to the best of ability in preventing such offences.

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Section 169 – Information of Design to Commit Cognizable Offences

Upon receiving credible information of an intended cognizable offence, the officer must:

• Inform their immediate superior.
• Notify any other officer responsible for prevention or cognizance of such offence.

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Section 170 – Arrest to Prevent Commission of Cognizable Offences

(1) Power to arrest without warrant or Magistrate’s order if:

• Officer knows of a plan to commit a cognizable offence.
• Arrest is necessary as the offence cannot otherwise be prevented.

(2) Detention limit:

• Maximum 24 hours from arrest unless further detention is authorised under BNSS or any other law.

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Section 171 – Prevention of Injury to Public Property

Authority to act immediately to prevent:

• Injury to public property (movable or immovable).
• Removal or damage to public landmarks, buoys, or navigation marks.

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Section 172 – Persons Bound to Conform to Lawful Directions of Police

• All persons must comply with lawful directions issued by a police officer under this Chapter.

• Non-compliance allows the officer to:

• Detain or remove the person.
• Present them before a Magistrate, or in petty cases, release them within 24 hours.