(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.
Bharatiya Nagarik Suraksha Sanhita
Section 170
Arrest to prevent commission of cognizable offences
Englishहिंदी
⚡ Quick Answer Reference: Section 170 BNSS
- Provision: Section 170 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PREVENTIVE ACTION OF THE POLICE
- Jurisdiction: India
- Summary: A police officer can arrest someone without a warrant if they know the person is planning to commit a serious crime and believe the crime can't be stopped otherwise.
Statutory Content
What does Section 170 of BNSS say?
Indian StandardSection 170, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 170 (India)
Court Pleading StandardSection 170 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/170
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 170 of BNSS mean?
Plain English Explanation
A police officer can arrest someone without a warrant if they know the person is planning to commit a serious crime and believe the crime can't be stopped otherwise.
Practical Interpretation
This section allows police to take preventive action against potential crimes, ensuring public safety by arresting individuals suspected of planning serious offences.
Core Legal Purpose
The core purpose is to empower police officers to prevent the commission of cognizable offences, maintaining law and order by taking proactive measures.
Key Legal Elements
- •The police officer must have knowledge of a design to commit a cognizable offence.
- •The commission of the offence cannot be otherwise prevented.
- •The key legal test is whether the police officer reasonably believes the offence cannot be prevented without arrest.
- •A key limitation is that the arrested person cannot be detained for more than 24 hours without further legal authorization.
Practical Example
Practical Example of Section 170 BNSS
Rajesh, a police officer, learns that Amit is planning to commit a robbery. Believing the robbery cannot be prevented without intervention, Rajesh arrests Amit under Section 170 to prevent the crime. Amit is detained for questioning and further investigation, ensuring the potential offence is thwarted.
Common Questions (FAQ)
Frequently Asked Questions about Section 170 BNSS
Q: What is the punishment or consequence under Section 170 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the procedure for arrest and detention to prevent cognizable offences.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers and individuals suspected of planning to commit cognizable offences, regardless of their status as private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
The section itself does not classify the offence as bailable or cognizable; it deals with the procedure for preventing the commission of cognizable offences.
People Also Ask (PAA)
Common Questions about Section 170 BNSS
What is Section 170 of BNSS?
Section 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Arrest to prevent commission of cognizable offences". In plain terms: A police officer can arrest someone without a warrant if they know the person is planning to commit a serious crime and believe the crime can't be stopped otherwise.
What is the punishment under Section 170 of BNSS?
Section 170 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 170 of BNSS bailable or non-bailable?
Whether Section 170 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 170 of BNSS?
The essential elements of Section 170 of BNSS are: The police officer must have knowledge of a design to commit a cognizable offence.; The commission of the offence cannot be otherwise prevented.; The key legal test is whether the police officer reasonably believes the offence cannot be prevented without arrest..
Landmark Case Laws
Landmark Judgments under Section 170 BNSS
Patnahcucisdb94 High Court (10 8)
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