Bharatiya Nagarik Suraksha Sanhita, 2023
Section 169
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.
Why this exists
This provision continues a long-standing rule (earlier Section 118 of the Code of Criminal Procedure, 1973) meant to ensure that intelligence about planned crimes doesn't stay with just one officer. Crime prevention depends on information flowing quickly through the police hierarchy and to the right specialized officers, so that steps can be taken before the offence actually happens. It reflects the preventive, not just reactive, role the police are expected to play.
Common misconceptions
- Myth: This section lets police arrest someone just for planning a crime.
Fact: It only requires officers to share information within the police system; it does not itself create powers of arrest or punishment for merely planning an offence. - Myth: This rule applies to all offences, even minor ones.
Fact: It applies specifically to information about 'cognizable' offences, i.e. serious crimes where police can act without a magistrate's prior permission.