Under which law can an individual be arrested and detained to prevent a breach of peace?

Answer By law4u team

In India, an individual can be arrested and detained to prevent a breach of peace under Section 151 of the Code of Criminal Procedure, 1973 (CrPC). Section 151 of the CrPC deals with the arrest to prevent the commission of a cognizable offense, which includes actions taken to prevent a breach of peace or the likelihood of public disorder. Here are the key points related to Section 151 of the CrPC: Arrest to Prevent Cognizable Offense: Section 151 allows a police officer to arrest a person without a warrant when they have reason to believe that the person is likely to commit a cognizable offense. This includes situations where there is a reasonable apprehension of a breach of peace or public disorder. Detention for a Reasonable Period: While the person can be arrested without a warrant to prevent a breach of peace or a cognizable offense, they must be brought before a magistrate as soon as possible, usually within 24 hours of arrest, excluding the time required for the journey from the place of arrest to the magistrate's court. Procedure After Arrest: After arrest, the individual is informed of the grounds for arrest and has the right to seek legal assistance. They may also be granted bail under certain circumstances. It's important to note that the arrest and detention under Section 151 are preventive in nature and are aimed at maintaining public order and preventing potential disruptions or breaches of peace. The powers under this section are to be exercised judiciously by law enforcement authorities to ensure that the rights and freedoms of individuals are not unduly curtailed. The principle of proportionality should guide the actions taken under Section 151 to protect public safety and order.

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