CHAPTER XI - PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognizable offences -
Every
police officer may interpose for the purpose of preventing, and shall, to the
best of his
ability,
prevent, the commission of any cognizable offence.
150. Information of design to commit cognizable offences -
Every
police officer receiving information of a design to commit any cognizable offence
shall
communicate
such information to the police officer to whom he is subordinate, and to any
other
officer
whose duty it is to prevent or take cognizance of the commission of any such
offence
151. Arrest to prevent the commission of cognizable offences -
(1)
A police officer knowing of a design to commit any cognizable offence may
arrest, without
orders
from a Magistrate and without a warrant, the person so designing, if it appears
to such
officer
that the commission of the offence cannot be otherwise prevented
2)
No person arrested under sub-section (1) shall be detained in custody for a
period exceeding
twenty-four
hours from the time of his arrest unless his further detention is required or
authorised
under
any other provisions of this Code or of any other law for the time being in
force.
STATE AMENDMENT
Maharashtra:
In
section 151,—
(a)
in sub-section (2), after the words "required or authorised" the
words, "under sub-section (3)
or"
shall be inserted;
(b)
after sub-section (2), the following sub-section shall be inserted, namely:—
"(3)
(a) Where a person is arrested under this section and the officer making the
arrest, or the
officer
in charge of the police station before whom the arrested person is produced,
has
reasonable
grounds to believe that the detention of the arrested person for a period
longer than
twenty-four
hours from the time of arrest (excluding the time required to take the arrested
person
from
the place of arrest to the Court of a Judicial Magistrate) is necessary by
reason that—
(i)
The person is likely to continue the design to commit, or is likely to commit,
the
cognizable
offence referred to in sub-section (1) after his release; and
(ii)
the circumstances of the case are such that his being at large is likely to be
prejudicial
to
the maintenance of public order, the officer making the arrest, or the officer
in charge
of
the police station, shall produce such arrested person before the nearest
Judicial
Magistrate,
together with a report in writing stating the reasons for the continued
detention
of such person for a period longer than twenty-four hours
(b)
Notwithstanding anything contained in this Code or any other law for the time
being in force,
where
the Magistrate before whom such arrested person is produced is satisfied that
there are
reasonable
grounds for the temporary detention of such person in custody beyond the period
of
twenty-four
hours, he may, from time to time, by order remand such person to such custody
as he
may
think fit:
Provided
that, no person shall be detained under this section for a period exceeding
fifteen
days at a time, and for a total period exceeding thirty days from the date of
arrest of such
person
(c)
When any person is remanded to custody under clause (b), the Magistrate shall,
as soon as
may
be communicate to such person the grounds on which the order has been made and
such
person
may make a representation against the order to the Court of Session The
Sessions Judge
may,
on receipt of such representation after holding such inquiry as he deems fit, either
reject the
representation,
or if he considers that further detention of the arrested person is not
necessary, or
that
it is otherwise proper and just so to do, may vacate the order and the arrested
person shall
then
be released forthwith"
[Vide Maharashtra Act 7 of 1981
152. Prevention of injury to public property
A
police officer may of his own authority interpose to prevent any injury
attempted to be
committed
in his view to any public property, movable or immovable, or the removal or
injury of
any
public landmark or buoy or other mark used for navigation
153. Inspection of weights and measures
(1)
Any officer in charge of a police station may, without a warrant, enter any
place within the
limits
of such station for the purpose of inspecting or searching for any weights or
measures or
instruments
for weighing, used or kept therein, whenever he has reason to believe that
there are
in
such place any weights, measures or instruments for weighing which are false
(2)
If he finds in such place any weights, measures or instruments for weighing
which are false,
he
may seize the same, and shall forthwith give information of such seizure to a
Magistrate
having
jurisdiction
