SECTION 149, CR. P. C.

Madansingh Shekhaawat (Querist) 10 June 2010 This query is : Resolved
DO POLICE HAVE ANY LEGAL RIGHTS TO ISSUE NOTICE UNDER SECTION 149 OF CR. P. C. TO SUSPECTS FOR THE PURPOSE OF PREVENTING THE COMMISSION OF ANY COGNIZABLE OFFENCE?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 10 June 2010
Yes and also detention for questioning without producing to the court during mendatory 24 hours.

Guest (Expert) 10 June 2010
yes.... police can even arrest the suspect to prevent the commission of cognizable offence under section 151 CR.P.C.

Madansingh Shekhaawat (Querist) 13 June 2010
MY DEAR FRIENDS AND SENIORS,

I agree with both of you sir. But my point of raising this issue is something different.

As per section 149 of Cr. P. C. “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.”

1)Where is the subject of issuing notice?
2)Does issuing just notice fulfill the purpose of said section?
3)Does it prove the ability of police officers towards preventing crime?

Methinks section 149 of Cr. P. C is provision and section 151 of Cr. P. C is preventive action.

It won’t be exaggerated to say that the procedure of issuing notice to the suspect is not an appropriate move to prevent the proposed cognizable offence. It is just a presentable action developed by police department I suppose and it has to be stopped immediately.

Don’t you feel the suspect gets the sufficient time to premeditate of an offence by such mind set practice? If actual aim of section 149 of Cr. P. C is to be achieved the every police officer should take an immediate action as per section 151 of Cr. P. C or whatsoever to prevent crime.

Therefore I am against of such notice which does not have any strength to prevent any cognizable offence.

Please correct if I am wrong in my views. I hope that the section 149 of Cr. P. C. has to be amended more specifically!

Madansing tanwar: writer & an editor!

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