Please note that section 151 of the Cr.P.C. does not define any offence. Therefore, the action taken under Section 151 Cr.P.C. is not in respect of an offence. This section gives the power to the police to arrest a person as a preventive measure (and not in respect of an offence), without warrants from the magistrate, in order to prevent the commission of a cognizable offence if the commission of such offence cannot be prevented otherwise.
Since Section 151 Cr.P.C. does not define any offence at all, there is no question of it being cognizable or non-cognizable. As mentioned above, this section itself gives power to the police to arrest the person without warrant in the circumstances mentioned therein. Such power to arrest without warrant is not because of this section defining any cognizable offence, but by virtue of the specific provisions laid down in this section itself.
If a person is arrested under Section 151 of the Cr.P.C., the police is required to release him within a period of 24 hours unless his further custody could be authorised under some other provisions of the law. [Note: In Maharashtra, this section has been amended and the custody of a person arrested under this section can be extended upto a maximum period of 30 days under the orders of the court.]
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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