What to do in 151 code of law
vikas
(Querist) 08 August 2012
This query is : Resolved
respected sir,
the opponent has filled a complaint of cheating on in the near police station against my father and included me and my brother also as accused i have gone to the station on 06/08/12 and explained the whole matter to them that the matter of money is in between my father and the opponent me and my brother r not in the matter and my father has given him money and we showed the proof to them and told them that my father has gone from the house since 1 1/2 month so police said that this is not a cheating case it is civil case so they said we will first take the opponent statement and then my and my brother statement and the PI also told her ASI to post 151 dhara on us so what will happen in 151 do we have to take bail and what we have to do. Next day we have given the missing application of my father in the police station on 7/8/12 please help our statement will be taken tomorrow on 9/8/12
Adv.R.P.Chugh
(Expert) 08 August 2012
151 deals with preventive arrest - it is not an offence - if the police officer feels that you are likely to commit an offene - he can arrest to prevent that. Normally to protect a breach of peace in petty quarrels police books the offendors in 107/151 CrpC. It reads like this :-
The Code of Criminal Procedure, 1973 (CrPc) –
107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of' the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1[with or without sureties] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
Section 151 in the Code of Criminal Procedure, 1973
151. Arrest to prevent the 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 authorized under any other provisions of this Code or of any other law for the time being in force.
