Bharatiya Nagarik Suraksha Sanhita, 2023
Section 168
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.
Why this exists
This provision continues a rule found in India's colonial-era Criminal Procedure Codes (most recently Section 149 of the CrPC, 1973), reflecting a long-standing principle in policing law: prevention of crime is as much a police duty as investigating it after the fact. The idea is that police should not simply be reactive record-keepers who show up after harm is done, but should actively intervene when they see or reasonably anticipate a serious crime occurring, to protect public safety before damage happens.
How courts read it
Courts have generally read this and its predecessor (CrPC Section 149) as imposing a preventive duty on police that is distinct from their investigative duty after an offence is committed. Judicial decisions have emphasized that this preventive power must be exercised reasonably and does not authorize excessive force or arbitrary action; it must be read alongside constitutional protections against unlawful arrest, detention, or use of force. No single landmark Supreme Court judgment is uniquely tied to this specific section, so its interpretation has largely developed through general jurisprudence on police powers and duties.
Common misconceptions
- Myth: Police can only act after a crime has already happened.
Fact: This provision specifically empowers and obligates police to intervene beforehand to prevent a cognizable offence from occurring. - Myth: This gives police unlimited power to use force to stop any crime.
Fact: The provision only creates a duty to act to the best of the officer's ability; it does not override other legal limits on the use of force or arrest procedures.