Introduction to Section 168 BNSS
BNSS Section 168 falls under Chapter XII of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This section gives legal power to every police officer to actively stop and prevent any cognizable offence. A cognizable offence is a serious crime where police can arrest the accused without prior approval from a magistrate.
What is BNSS Section 168 ?
BNSS Section 168 states that every police officer has a duty and power to stop the commission of any cognizable offence using their legal authority and ability. Their main role here is prevention before a crime happens.
BNSS Section of 168 in Simple Points
1. Duty to Stop Serious Crimes
Every police officer must try their best to stop serious crimes (called cognizable offences) before they happen. These include crimes like murder, robbery, or rape. The police are not supposed to wait until the crime happens—they must try to prevent it.
2. No Permission Needed
Police officers can take action immediately to stop such crimes. They don’t need to take permission from any magistrate or court. This helps in quick action when there is a danger to life, property, or public peace.
3. Focus on Prevention
The main aim of this section is prevention, not punishment. Police officers are expected to act early—such as by stopping a fight or dispersing a dangerous group—so that nobody gets hurt and crimes do not take place.
4. Applies to All Police Officers
This rule applies to every police officer, no matter their rank or post. From constables to senior officers, everyone must follow this duty to help keep people safe.
5. Helps in Public Safety
When police work to prevent crimes, it helps in making society safer and more peaceful. People can trust that the police are watching out for danger and taking steps to protect them before anything goes wrong.
Section 168 of BNSS Overview
BNSS Section 168 gives power and duty to every police officer to prevent cognizable offences. The police must do everything they can to stop serious crimes before they happen. It promotes quick action and public safety.
BNSS Section 168 : 10 Key Points
1. Legal Duty of Police Officers
BNSS Section 168 clearly states that it is the legal duty of every police officer to prevent cognizable offences. The use of the word “shall” in the section means that this is not optional—it is mandatory. This duty is not just a suggestion but an essential part of a police officer’s job. Officers are expected to actively watch for signs of serious crimes and step in quickly. If they fail to take preventive action, it may be considered negligence or misconduct. This shows how seriously the law takes the prevention of crime.
2. Applies Only to Cognizable Offences
This section applies only to cognizable offences, which are more serious crimes like murder, rape, robbery, etc. In such cases, the police have the power to act without prior permission from a magistrate. It does not apply to minor or non-cognizable offences such as verbal abuse or small fights. The law aims to give the police quick authority to act in serious situations. This helps ensure that dangerous crimes are stopped before they happen. Understanding this difference is important for proper enforcement.
3. Power to Intervene Before Crime Happens
BNSS 168 gives police officers the power to act before a crime occurs. This means they don’t need to wait for the actual commission of a crime to take action. If the police see signs that a crime might happen soon—such as people gathering with weapons—they can step in immediately. This power is preventive, which means it focuses on stopping the crime in the early stages. The goal is to protect people before harm is done, rather than after.
4. Focus is on Prevention, Not Punishment
The aim of BNSS Section 168 is to prevent crime, not to punish someone. It does not give the police the authority to arrest someone just for suspicion, unless the law allows. Instead, police are expected to take steps that avoid the occurrence of the crime. For example, they can warn people, stop gatherings, or increase patrolling. This shows the peacekeeping role of the police, which is to protect people before something wrong happens.
5. Helps in Building Community Safety
When police actively work to prevent crimes, the public feels more protected. This section allows police to be more visible and proactive in public areas. It builds trust between the community and the police because people feel they are being looked after. A safe environment allows people to live, work, and travel without fear. BNSS 168 supports this kind of community safety by encouraging early action and presence. It helps in maintaining peace on a daily basis.
6. Encourages Quick Decision-Making
This law expects police officers to be quick and smart in their actions. Time is often critical when it comes to preventing crimes. Even a few seconds can make a difference. Officers are trained to assess the situation and take the best possible step without delay. BNSS 168 allows them to act on urgent warnings or suspicion, which can save lives and stop violence. This makes policing more efficient and effective.
7. Applies to All Ranks of Police Officers
The section does not mention any specific rank, which means it applies to every police officer—from constables to senior officers. This ensures that the responsibility is shared equally across the police force. No officer can avoid this duty by saying it’s someone else’s job. This promotes a culture of accountability and readiness among all officers. It also ensures that at any place and any time, the police are available to prevent crime.
8. Covers All Stages Before a Crime
The law allows police to act at any stage before a crime happens. This includes when a crime is being planned, when weapons are being gathered, or even when people are preparing to attack. BNSS Section 168 empowers officers to stop such acts before they turn into actual crimes. This is important because stopping a crime in its early stages reduces harm and protects more people. It gives police the flexibility to respond early and wisely.
9. Reduces Burden on Legal System
When police stop crimes before they happen, there are fewer arrests, FIRs, and court cases. This helps reduce the pressure on the criminal justice system. It saves time for the courts, reduces jail population, and cuts legal costs. Victims are also protected from trauma, as the crime does not occur. This means that preventive policing saves resources and avoids long legal battles, making the justice system more efficient.
10. Foundation for Other Police Powers
BNSS Section 168 forms the base for many other preventive laws. For example, laws related to unlawful assemblies, riots, or public disturbances all depend on the police’s ability to prevent crimes. This section highlights the police’s role in maintaining peace before violence breaks out. It connects well with other sections that focus on public safety. That’s why it is one of the most important sections related to preventive police action in India.
Examples of BNSS 168
- Example 1: If a police officer sees a group of people carrying weapons and preparing to attack someone, the officer can immediately step in to stop them without waiting for court orders.
- Example 2: If police receive a tip about a planned robbery at a bank, they can act quickly, set up surveillance, and prevent the crime from happening.
Section 168 of BNSS Short Information
| Point | Explanation |
|---|---|
| Law Type | Preventive action by police |
| Who is involved | Every police officer |
| Main duty | Stop cognizable offences before they happen |
| Need for permission? | No court permission needed to prevent such offences |
| Purpose | Ensure safety and prevent serious crimes |
Why is BNSS Section 168 Needed?
BNSS Section 168 is a very important section in maintaining law and order. It gives power and responsibility to every police officer to prevent serious crimes (cognizable offences) before they happen. Here’s why it is necessary and important:
1. For Immediate Police Action
Cognizable offences (like murder, robbery, kidnapping, etc.) are serious in nature and need quick action. If police wait for approval or court orders, valuable time may be lost. Section 168 allows police to act instantly, without delay.
2. To Protect Public Life and Property
The purpose of law is to keep people safe. When police take early steps to stop a crime, it can save lives, prevent injuries, and protect property. This section ensures that people feel secure knowing police have the legal power to stop crimes before they happen.
3. To Maintain Public Peace and Order
If the police fail to prevent crimes, it can lead to fear, unrest, or violence in society. This section helps maintain peace and stability by giving police the legal right to act as soon as they see any signs of danger or crime.
4. To Give Legal Backing to Police Actions
Sometimes, police are blamed for taking action without approval. Section 168 clearly gives them legal authority to prevent cognizable offences. It protects honest officers who are doing their duty and gives them the confidence to act fast.
5. To Strengthen Preventive Policing
Instead of always punishing after a crime, it is better to stop the crime before it happens. This section encourages a preventive approach, which is more effective and reduces the burden on courts and jails.
6. To Build Trust Between Police and Public
When the public sees that police are alert and stopping crimes on time, it builds public confidence. Citizens are more likely to cooperate with the police if they feel that their safety is a priority.
BNSS Section 168 FAQs
BNSS 168
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