Police to prevent cognizable offences
Section 168 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with police to prevent cognizable offences. 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. The Act came into force on 01 Jul 2024.
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.
Section 168, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 149 Police to prevent cognizable offences Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sondabhai Hanubhai Bharwad vs State of Gujarat
Decided under Code of Criminal Procedure 149, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the same act constitutes an offence both under the Mines and Minerals (Development and Regulation) Act, 1957 and under the Indian Penal Code, specifically where minerals are dishonestly removed from government land without consent (theft under IPC), the two offences are distinct in their ingredients and ingredients are different. Therefore, Section 22 of the MMDR Act, which restricts cognizance of offences under the Act to complaints by authorized officers, does not bar prosecution under the IPC for the distinct offence of theft. The police can register FIR for theft, investigate, and submit report to Magistrate for cognizance under Section 190(1)(d) CrPC, while simultaneously the authorized officer can file complaint for MMDR Act violation requiring different procedure for Magistrate cognizance. Both prosecutions can proceed as the offences are distinct and the bar against double jeopardy applies only to identical offences.
On this section: Police duty to prevent cognizable offences and arrest to prevent commission of offences; relevant to police obligation to prevent illegal mining
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Kalubhai Dulabhai Khachar vs State of Gujarat
Decided under Code of Criminal Procedure 149, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where conduct constitutes an offence under both the Mines and Minerals (Development and Regulation) Act 1957 and the Indian Penal Code, the provisions of the MMDR Act do not impliedly or explicitly exclude prosecution under the IPC. Police can register FIR, investigate and submit charge sheets for theft of minerals under IPC Sections 378-379 based on discovery of unauthorized removal of minerals from government land. Magistrates can take cognizance of theft offences on police reports under Section 190(1)(d) CrPC without awaiting complaint from authorized MMDR officer. However, for offences constituting breach of mining lease or unauthorized mining specifically under MMDR Act Section 21, cognizance by Magistrate can only be taken upon complaint in writing by person authorized by Central or State Government as required by MMDR Act Section 22. These are distinct offences with different ingredients and prosecution for both does not violate Article 20(2) protection against double jeopardy provided person is not punished twice for identical offence. The Public Trust Doctrine establishes that natural resources are national assets requiring protection through multiple enforcement mechanisms. Police duty under Sections 149-152 CrPC to prevent cognizable offences includes authority and responsibility to investigate illegal mining even without prior authorization from mining authorities.
On this section: Police duty to prevent cognizable offences and arrest persons designing commission of cognizable offence
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 168
What have the courts held on Section 168 of the Bharatiya Nagarik Suraksha Sanhita?
Sondabhai Hanubhai Bharwad vs State of Gujarat (04 Sep 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 149, which this section replaced -- the court never mentioned this Act: Police duty to prevent cognizable offences and arrest to prevent commission of offences; relevant to police obligation to prevent illegal mining. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 168 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 168, section 168 BNSS, section 168 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 168 notice and bnss 168 to 172. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sondabhai Hanubhai Bharwad vs State of Gujarat (04 Sep 2014).
What should I read with Section 168 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 149 (Police to prevent cognizable offences), so the judgments decided under that provision are the case law on this one.
When did Section 168 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 168 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 168, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.