CRPC Rough Draft 4 SEM
CRPC Rough Draft 4 SEM
CRPC Rough Draft 4 SEM
SEMESTER – IV
2018-2019
CHANAKYA NATIONAL LAW UNIVERSITY
Criminal jurisprudence is as much concerned with the prevention of offences, as it is with the
trial and punishment of the wrong-doer. Therefore, Chapter XI of the The Code of Criminal
Procedure, 1973(CrPc) contains certain provisions regarding preventive action to be taken by the
Police in certain circumstances. S. 149 empowers every Police Officer to interpose for the
purpose of preventing the commission of any cognizable offence to the best of his ability. It may
be noted that this section provides for prevention of cognizable offences only.
Moreover, under S. 150, every Police Officer receiving any information of any design to commit
any cognizable offence must communicate such information to his superior Police Officer. So
also, any Police Officer, knowing of a design to commit any cognizable offence, may arrest,
without any order from the Magistrate and without a warrant, the person about to commit the
offence, if it appears to such Officer that he cannot otherwise prevent the commission of the
offence.
However, such a person cannot be detained in custody for more than twenty-four hours from the
time of his arrest, unless his further detention is required or authorised under the Code or under
any other law. (S. 151)
The authority of a Police Officer under S. 151 is only a limited and exceptional power to prevent
the commission of a cognizable offence; the power is, in no sense, analogous to the power of
preventive detention. Under this section, a Police Officer has no power to keep a person under
arrest in anticipation of a contemplated order of detention.
II. OBJECTIVES OF STUDY
To analyse the concept of preventive actions of the police under The Code of Criminal
Procedure, 1973.
III. HYPOTHESIS
The researcher presumes that the preventive actions of the police are necessary in order to
avoid the commission of crime.
The researcher presumes that the preventive actions of the police are not arbitrary.
2. What are the preventive actions that the police can take under The Code of Criminal
Procedure, 1973 ?
3. What are the provisions of arrest under The Code of Criminal Procedure, 1973?
V. RESEARCH METHODOLOGY
In this project Doctrinal methods are will be used. Doctrinal Methods refer to Library research,
research or processes done upon some texts writings or Documents, legal propositions and
Doctrines, Articles, Books as well as Online Research and Journals relating to the subject.
Primary sources: Case Law, Legal Sources, The Code of Criminal Procedure, 1973, Bare
Acts etc.
Secondary Sources: Newspapers, journals, periodicals, etc.
Due to the paucity of time and money, the researcher has chosen the doctrinal mode of research
and has only taken Indian scenario.
3. THE TYPES OF PREVENTIVE ACTION THAT THE POLICE CAN TAKE UNDER
THE CODE OF CRIMINAL PROCEDURE, 1973