Section 149 of the Criminal Procedure Code gives power to police to interpose for the purpose of preventing the commission of any cognizable offence. So, this is basically a preventive measure, which is taken when any offence is likely to take place in near future or imminently.
It is different from the action that the police takes where a cognizable offence has already taken place (in which case, the police would register FIR and conduct investigation).
Since action under Section 149 of the Cr.P.C. is basically for the purposes of preventing the future commissioning of an offence, usually the police may caution the person concerned, or may initiate a proceeding for obtaining bond for keeping peace, good behaviour, etc. In some urgent / extreme situations, police has the power to arrest such person under Section 151 of the Cr.P.C., which is also a preventive measure and the maximum custody for such arrest is 24 hours (except in Maharashtra, where, with the order of the Magistrate, such custody can be extended to a maximum of 15 days).
If a notice has been sent by police under Section 149 Cr.P.C., the residents to whom the notice has been sent, should cooperate with police. Keeping in view the nature of facts mentioned by you, generally, in such situations, police may resort to cautioning or proceed for obtaining bond for keeping peace or good behaviour.
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.
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