Section 149 of the Criminal Procedure Code is given below:
“149. Police to prevent cognizable offences.— 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.”
This section falls under Chapter 11 of the Cr.P.C., the heading of which is “PREVENTIVE ACTION OF THE POLICE”.
It is clear from the above that while exercising powers under Section 149 of the Cr.P.C., the police is acting NOT on the basis of any cognizable offence actually committed already, but in order to PREVENT a future cognizable offence.
Therefore, in spite of the fact that no cognizable offence has been registered by police against you, if the police officer concerned is satisfied that it is necessary to prevent commission of a cognizable offence (that may take place in the near future), he may take all necessary steps, to the best of his ability, to prevent such offence.
The notice given to you by police under Section 149 Cr.P.C. should be seen in the light of the above.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
