Bharatiya Nagarik Suraksha Sanhita, 2023
Section 170
Arrest to prevent 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 Sanhita or of any other law for the time being in force.
Why this exists
This provision (earlier Section 151 of the Code of Criminal Procedure, 1973) gives police a preventive-arrest power so they can stop serious crimes before they happen, rather than only acting after the fact. It reflects a long-standing principle in Indian policing law that prevention of crime is as important as punishment. The 24-hour limit ties into the constitutional safeguard under Article 22(2) of the Constitution, which requires that an arrested person be produced before a magistrate within 24 hours, preventing indefinite detention without judicial oversight.
How courts read it
Courts have generally held that this power must be used sparingly and only when there is credible, specific information about an impending cognizable offence — vague suspicion is not enough. Judges have emphasized that the phrase 'cannot be otherwise prevented' requires police to show that no less intrusive measure (like a warning or restraint) would have worked. Misuse of this provision for harassment or to bypass ordinary arrest procedures has been criticized in various High Court rulings, which stress that the safeguard in sub-section (2) must be strictly followed.
Common misconceptions
- Myth: Police can arrest anyone they merely suspect might commit a crime someday.
Fact: The power applies only when there is a definite 'design' (a specific plan) to commit a cognizable offence, and arrest is truly the only way to stop it — not for vague or future suspicion. - Myth: Once arrested under this provision, a person can be held indefinitely for investigation.
Fact: Sub-section (2) caps custody at 24 hours unless another law specifically allows longer detention, ensuring judicial oversight kicks in quickly.