Arrest to prevent the commission of cognizable offences
Section 151 of the Code of Criminal Procedure, 1973 deals with arrest to prevent the 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 Code or of any other law for the time being in force.
Section 151, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 170 Arrest to prevent 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 The repealed enactment still governs what happened while it was in force.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
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
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 151
What have the courts held on Section 151 of the Code of Criminal Procedure?
Jatinder Kaur vs State of Punjab (19 Mar 2024) is the leading judgment on this section among those set out below: 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 151 of the Code of Criminal Procedure?
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: CRPC 151, section 151 CRPC, section 151 of the Code of Criminal Procedure. 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 151 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 170 (Arrest to prevent commission of cognizable offences), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 151 of the Code of Criminal Procedure come into force?
Section 151 of the Code of Criminal Procedure, cited as CRPC 151, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.