Section 168 BNSS: Police to prevent cognizable offences (Formerly Section 149 CrPC)

Section 168 of Bharatiya Nagarik Suraksha Sanhita, 2023: Police to prevent cognizable offences

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Cognizable Offence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 168

Section 168 mandates that every police officer may interpose for the purpose of preventing, and shall, to the best of their ability, prevent, the commission of any cognizable offence (the foundational preventive policing provision).

Affirmative Preventive Duty: Police officers have a statutory duty to actively interpose to prevent cognizable crimes.
Discretionary Modalities: May deploy patrols, issue verbal warnings, disperse crowds, or secure crime scenes.
Judicial Accountability: Police action must be reasonable and proportionate; does not sanction arbitrary assault or torture.

Key Landmark Precedents:

D.K. Basu v. State of West Bengal (1997) 1 SCC 416: The Supreme Court emphasised that preventive duties under the Code do not authorize police lawlessness or third-degree methods under the guise of crime prevention.
State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Affirmed that preventive policing under Section 149 CrPC (Section 168 BNSS) must operate strictly within constitutional and statutory boundaries.

Courtroom Practice & Strategic Litigation Guidance:

In police brutality claims, officers often plead Section 168. Challenge this defence by citing *D.K. Basu*: The statutory duty to prevent crimes does not grant license to beat citizens or enter private homes without search warrants.