Section 168 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 168: Prevention of Cognizable Offences by Police Officers
Purpose:
This section empowers police officers to proactively prevent the commission of cognizable offences — which are serious crimes where police can investigate and arrest without prior approval from a magistrate.
Key Provisions:
Duty to Prevent Crime:
Every police officer is legally obligated to take necessary steps to prevent the commission of any cognizable offence. This means police officers cannot wait passively for a crime to occur; they must act to stop it before it happens if they have reasonable grounds to believe a crime is imminent.
Authority to Take Preventive Action:
Police officers are authorized to intervene using lawful means to prevent crimes. This may include:
Intervening in suspicious situations,
Monitoring persons or places likely to be involved in crime,
Detaining individuals if necessary to prevent an offence,
Conducting inquiries and surveillance,
Informing the public and local authorities to ensure safety.
Scope of Preventive Measures:
The preventive action is specifically aimed at cognizable offences, which generally include serious crimes such as theft, assault, murder, robbery, and other offenses where immediate police intervention is critical.
Legal Protection for Police Officers:
When police officers act in good faith under this section to prevent a cognizable offence, their actions are protected by law. This encourages proactive policing while safeguarding officers from undue legal liability for legitimate preventive steps.
Importance:
Proactive Policing:
Section 168 encourages police to shift from a reactive role (acting after a crime) to a proactive role (stopping crime before it happens), enhancing public safety.
Crime Reduction:
By authorizing preventive actions, the law aims to reduce crime rates by intervening at early stages.
Clarity of Role:
It clearly defines the responsibility and authority of police officers, minimizing confusion about their powers in crime prevention.
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