Introduction
Section 169 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the duty of the public to communicate information about plans or preparations to commit a cognizable offence. The provision empowers the police to receive such information and take preventive action before the crime is committed. It complements Section 168, which imposes a duty on police officers to prevent cognizable offences.
Meaning of Section 169
The word “design” means a plan, intention, conspiracy, or preparation to commit a cognizable offence. Section 169 recognizes that timely information from citizens, informants, or other persons enables the police to intervene and prevent criminal acts.
The provision is preventive in nature and applies even before the offence has actually occurred.
Statutory Provision
Section 169 – Information of design to commit cognizable offences provides that every police officer may receive and act upon information relating to the design or intention to commit a cognizable offence.
The objective is to ensure that credible information is not ignored and is used to prevent the anticipated crime.
Object and Purpose
The provision aims to:
- Encourage early reporting of planned cognizable offences.
- Enable preventive policing.
- Protect public safety by stopping offences before their commission.
- Assist law enforcement in maintaining peace and order.
Essential Elements
1. Information of a Design
There must be information indicating an intention, preparation, or plan to commit a cognizable offence. The information may come from any reliable source.
2. Cognizable Offence
The anticipated offence must be one classified as cognizable under criminal law. The section does not apply to purely non-cognizable offences.
3. Police Action
Upon receiving such information, the police may take lawful preventive measures, including surveillance, inquiry, security arrangements, or other actions authorized under BNSS.
Powers and Duties of Police
Powers
A police officer may:
- Receive information regarding a planned cognizable offence.
- Verify the credibility of the information.
- Take immediate preventive measures where necessary.
- Coordinate with superior officers and other authorities to avert the offence.
Duties
The officer should:
- Record and assess credible information promptly.
- Act reasonably and lawfully.
- Prevent the commission of the anticipated offence to the best of his or her ability.
Procedure
- A person communicates information about a planned cognizable offence.
- The police officer receives and evaluates the information.
- If the information appears credible, preventive measures are initiated.
- Further investigation or other statutory action may follow where required.
Relationship with Section 168
Section 168 and Section 169 operate together:
- Section 168 imposes the duty of police officers to prevent cognizable offences.
- Section 169 facilitates that duty by enabling police to receive and act upon advance information regarding planned offences.
Example
A shopkeeper informs the local police that a group intends to commit an armed robbery at a nearby jewellery store that night. Acting under Section 169, the police receive the information, verify it, deploy officers, and prevent the robbery before it takes place.
BNSS and CrPC
Section 169 BNSS corresponds to Section 150 of the Code of Criminal Procedure, 1973.
The preventive framework has been substantially retained. BNSS continues the principle that advance information about planned cognizable offences should enable timely police intervention.
Constitutional Connection
Section 169 supports Article 21 of the Constitution of India by facilitating preventive measures that protect life and personal liberty. It also promotes effective law enforcement while requiring police action to remain within the bounds of lawful procedure.
Common Confusion
Is mere suspicion enough for police action?
No. Section 169 is based on information regarding a design to commit a cognizable offence. While police may assess and verify the information, any preventive action must remain lawful, reasonable, and proportionate to the circumstances.
Quick Revision
- BNSS Section: 169
- Subject: Information of design to commit cognizable offences
- Nature: Preventive provision
- Purpose: Receive and act upon advance information of planned cognizable offences
- Related Section: Section 168 (Police to prevent cognizable offences)
- CrPC Equivalent: Section 150
ALSO READ: Section 168 – Police to prevent cognizable offences
Conclusion
Section 169 of BNSS, 2023 strengthens the preventive role of criminal procedure by ensuring that information about planned cognizable offences reaches the police in time. Together with Section 168, it creates a legal framework that emphasizes prevention, public safety, and timely intervention before serious crimes occur.
