Arrest to prevent commission of cognizable offences
Section 170 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest to prevent commission of cognizable offences. 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. The Act came into force on 01 Jul 2024.
(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.
Section 170, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 151 Arrest to prevent the commission of 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 The repealed enactment still governs what happened while it was in force.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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Jatinder Kaur vs State of Punjab
Decided under Code of Criminal Procedure 151, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a marriage is solemnized in India but the parties subsequently move to a foreign country (such as Canada) and the alleged offences of dowry demand, misappropriation of property, and cruelty are committed in that foreign country, Indian courts lack territorial jurisdiction to try such offences. The principle of territorial jurisdiction is well-established in criminal law, and Indian courts cannot exercise jurisdiction over offences committed outside Indian territory. Therefore, a criminal revision petition challenging acquittal in such circumstances must be dismissed when the evidence clearly establishes that the major part of the alleged offence occurred outside India.
On this section: Condonation of delay - used to condone 103 days delay in filing the revision petition. Court allowed the application subject to all just exceptions.
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Sagar vs Union Territory
Decided under Code of Criminal Procedure 151, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A prisoner with an extensive criminal history involving multiple serious offences (dacoity, robbery, theft, forgery, and drug-related crimes) cannot be granted parole merely on the grounds of meeting family members or performing conjugal rights, particularly when the parole authority has reasonably determined that releasing such a prisoner would pose a potential danger to society.
On this section: Arrest to prevent commission of offence - DDR No. 62 of 2015 against petitioner
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 170
What have the courts held on Section 170 of the Bharatiya Nagarik Suraksha Sanhita?
Jatinder Kaur vs State of Punjab (19 Mar 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 151, which this section replaced -- the court never mentioned this Act: Condonation of delay - used to condone 103 days delay in filing the revision petition. Court allowed the application subject to all just exceptions. Another 1 judgment on this section is set out below. They run from 2020 to 2024.
How do I find court cases under Section 170 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 170, section 170 BNSS, section 170 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 170 in crpc and bnss 170(1). 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 Jatinder Kaur vs State of Punjab (19 Mar 2024).
What should I read with Section 170 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 151 (Arrest to prevent the commission of cognizable offences), so the judgments decided under that provision are the case law on this one.
When did Section 170 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 170 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 170, 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.