Introduction
Section 168 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) imposes a preventive duty on every police officer. Rather than waiting for a cognizable offence to occur, the provision requires the police to take lawful measures to stop such offences whenever possible. It reflects the preventive function of criminal procedure and aims to protect public peace, life, and property.
Meaning of Section 168
A cognizable offence is an offence for which the police may register an FIR and arrest without a warrant, subject to the provisions of BNSS.
Section 168 states that every police officer may intervene to prevent the commission of any cognizable offence. The emphasis is on prevention rather than punishment.
Statutory Provision
Section 168 – 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 creates both:
- A power to intervene; and
- A duty to make reasonable efforts to prevent the offence.
Object and Purpose
The provision seeks to:
- Prevent crimes before they occur.
- Maintain public order and safety.
- Enable immediate police intervention in urgent situations.
- Reduce harm to persons and property.
Essential Elements
1. Existence of a Cognizable Offence
The preventive power applies only when the anticipated act amounts to a cognizable offence under law.
2. Power to Intervene
A police officer may lawfully step in by taking appropriate preventive action, such as separating parties, restraining unlawful conduct, or securing the scene.
3. Duty to Prevent
The words “shall, to the best of his ability” make prevention a statutory duty. The officer must make genuine and reasonable efforts based on the circumstances.
Powers and Duties of Police
Powers
A police officer may:
- Intervene immediately to stop a cognizable offence.
- Take lawful preventive measures.
- Act without waiting for the offence to be completed.
Duties
The officer is expected to:
- Remain vigilant regarding imminent offences.
- Act promptly and reasonably.
- Use only lawful and proportionate preventive measures.
Scope of the Provision
Section 168 applies in situations such as:
- Preventing violent assaults.
- Stopping robbery or dacoity in progress.
- Preventing rioting or unlawful violence.
- Intervening where a serious cognizable offence is imminent.
The provision is preventive and operates before or during the attempted commission of the offence.
Example
A police officer notices a group preparing to attack another person with deadly weapons. Even before the assault begins, the officer may intervene, disperse the group, and take lawful preventive action under Section 168 to stop the cognizable offence.
BNSS and CrPC
Section 168 BNSS corresponds to Section 149 of the Code of Criminal Procedure, 1973.
The legal principle has been substantially retained. BNSS continues the preventive obligation of police officers to stop cognizable offences before their commission.
Constitutional Connection
Section 168 supports the constitutional guarantee of Article 21, which protects life and personal liberty. By requiring preventive policing, the provision helps safeguard individuals from foreseeable criminal harm while ensuring that police action remains subject to the rule of law.
Quick Revision
- BNSS Section: 168
- Subject: Police to prevent cognizable offences
- Nature: Preventive police power and duty
- Applies to: Cognizable offences
- Key principle: Police may intervene and must, to the best of their ability, prevent the commission of such offences
- CrPC Equivalent: Section 149
ALSO READ: Section 167 – Local inquiry
Conclusion
Section 168 of BNSS, 2023 recognizes that effective criminal justice begins with prevention. It authorizes and obligates police officers to take timely, lawful action to prevent cognizable offences, thereby protecting public safety and reinforcing the preventive role of criminal procedure.
