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Report No. 177

1.5 Wider powers of arrest under section 151, CrPC.-

Added to these provisions are the preventive provisions in the Code of Criminal Procedure which empower the police to arrest persons. Section 151 empowers a police officer to arrest any person, without orders from a Magistrate and without warrant, "if it appears to such officer" that such person is designing to commit a cognizable offence and that the commission of offence cannot be prevented otherwise. We do not think it necessary to emphasise the width of the power.

It may be true that the satisfaction of the police officer contemplated by the expression "if it appears to such officer" is not subjective but is objective but in India, police officers making a wrongful arrest whether under section 41 or 151, are seldom proceeded agains.- much less punished. There are too many risks involved in doing so.

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