Section 168 of BNSS : Section 168: Police to prevent cognizable offences.
BNSS
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Explanation using Example
Example 1:
Scenario: A police officer is patrolling a neighborhood late at night and notices a group of individuals attempting to break into a closed shop.
Application of the Act:
- The police officer, under Section 168 of The Bharatiya Nagarik Suraksha Sanhita 2023, has the authority to intervene immediately.
- The officer approaches the group, identifies himself, and orders them to stop their actions.
- The officer then detains the individuals and calls for backup to ensure the situation is under control.
- By doing so, the officer prevents the commission of a cognizable offence (attempted burglary).
Example 2:
Scenario: During a festival, a police officer observes a person in a crowded market acting suspiciously and trying to pickpocket from a passerby.
Application of the Act:
- The police officer, as per Section 168, is obligated to prevent the crime to the best of his ability.
- The officer quickly intervenes by apprehending the suspect before the theft can occur.
- The officer then takes the suspect to the police station for further questioning and legal action.
- This action prevents the commission of a cognizable offence (theft) and protects the public.
Example 3:
Scenario: A police officer receives a tip-off about a planned illegal gathering that could potentially lead to a riot.
Application of the Act:
- The officer, under the authority of Section 168, takes immediate steps to prevent the gathering.
- The officer coordinates with other police units to increase patrols in the area and sets up checkpoints to deter the gathering.
- The officer also engages with community leaders to dissuade people from participating in the illegal activity.
- These preventive measures help in averting a potential cognizable offence (rioting).
Example 4:
Scenario: A police officer on duty at a railway station notices a person trying to tamper with the railway tracks.
Application of the Act:
- The officer, empowered by Section 168, acts swiftly to stop the individual.
- The officer detains the person and secures the area to prevent any further tampering.
- The officer then informs the railway authorities and ensures that the tracks are inspected for safety.
- This intervention prevents a cognizable offence (sabotage) and ensures public safety.
Example 5:
Scenario: A police officer is informed about a group of people planning to engage in illegal mining activities in a remote area.
Application of the Act:
- The officer, as per Section 168, organizes a team to conduct a surprise raid on the location.
- The team arrives at the site and apprehends the individuals involved before they can start the illegal mining.
- The officer also seizes the equipment and materials intended for the illegal activity.
- This proactive approach prevents the commission of a cognizable offence (illegal mining).