Law4u - Made in India

What Is BNSS Section 170?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 170: Arrest to Prevent Commission of Cognizable Offences

(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Judicial Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force.

Brefe Detail

Section 170 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers police officers to arrest individuals when they have knowledge of a design to commit a cognizable offence. This can be done without a warrant or judicial orders if it is deemed necessary to prevent the crime. Furthermore, any individual arrested under this provision cannot be held in custody for more than twenty-four hours unless further detention is legally justified.

Question & Answers

What does Section 170 allow police officers to do?

It allows police officers to arrest individuals suspected of planning to commit a cognizable offence without a warrant or judicial orders.

Under what condition can a police officer make an arrest without a warrant?

A police officer can make an arrest if they believe that the commission of the offence cannot be otherwise prevented.

How long can a person be detained after being arrested under this section?

A person cannot be detained for more than twenty-four hours unless their further detention is required or authorized under other legal provisions.

Is a Judicial Magistrate's order required for arrest under Section 170?

No, a Judicial Magistrate's order is not required for an arrest under this section.

Example

1. Scenario: A police officer receives credible information that an individual is planning to commit a robbery.
Action: The officer can arrest the individual without a warrant to prevent the robbery from occurring.

2. Scenario: An individual is arrested for planning a drug-related crime.
Result: The police can hold the individual for up to twenty-four hours, after which they must either release them or seek further legal authority for detention.

Summary

Section 170 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides police officers with the authority to arrest individuals suspected of planning cognizable offences without needing a warrant. This provision aims to prevent crime proactively, while also ensuring that any detention following such an arrest does not exceed twenty-four hours unless further legal justification is provided.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Darshan S. Padaliya

Advocate Darshan S. Padaliya

Civil, Cyber Crime, Family, Criminal, Anticipatory Bail

Get Advice
Advocate Rohit Kumar Singh

Advocate Rohit Kumar Singh

Anticipatory Bail, Court Marriage, Child Custody, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Revenue, Insurance, Arbitration, Armed Forces Tribunal, Banking & Finance, Landlord & Tenant, Medical Negligence, Breach of Contract, Bankruptcy & Insolvency, Customs & Central Excise, Trademark & Copyright

Get Advice
Advocate Snehal Kumar

Advocate Snehal Kumar

Property, Civil, Court Marriage, Cyber Crime, Criminal

Get Advice
Advocate Aadil Raza

Advocate Aadil Raza

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Lakkineni Satyanarayana

Advocate Lakkineni Satyanarayana

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence

Get Advice
Advocate Divykumar Trivedi

Advocate Divykumar Trivedi

Cheque Bounce, Civil, Consumer Court, Documentation, Family, Muslim Law, Revenue

Get Advice
Advocate Sairamreddy

Advocate Sairamreddy

Criminal, Cyber Crime, Anticipatory Bail, Family, Divorce, Customs & Central Excise

Get Advice
Advocate Md Sadath Hussain

Advocate Md Sadath Hussain

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, High Court, Immigration, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, R.T.I, RERA, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.