Section 171 BNSS: Prevention of injury to public property (Formerly Section 152 CrPC)

Section 171 of Bharatiya Nagarik Suraksha Sanhita, 2023: Prevention of injury to public property

Official Bare Act Text

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

A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation.

Legal Commentary & Landmark Judgments: Section 171

Section 171 empowers a police officer of their own authority to interpose to prevent any injury attempted to be committed in their view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy.

Attempted Injury in View: Attempt to damage public infrastructure committed directly in the presence/view of the officer.
Public Property Protected: Government buildings, public transport, railway tracks, flood dykes, or navigation marks.
Immediate Physical Interposition: Direct authority to physically stop, restrain, or disarm the vandals.

Key Landmark Precedents:

In Re: Destruction of Public and Private Properties (2009) 5 SCC 212: The Supreme Court emphasised that police officers have an active, mandatory duty to protect public property from vandalism during riots, strikes, and bandhs.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Affirmed that safeguarding public assets and drainage infrastructure is a core duty of public authorities.

Courtroom Practice & Strategic Litigation Guidance:

When defending against charges of assaulting police during protests, verify whether the police claim of protecting public property is substantiated by video recordings under Section 105 BNSS.