S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure (arrest to prevent the commission of cognizable offences), without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.

A single bench of Justice Bechu Kurian Thomas observed that since extraordinary powers of arresting without a warrant has been granted to the police in case of knowledge of a design to commit a cognizable offence, strict interpretation of section 151 was important to avoid any misuse of such powers:

“The object of Section 151 of the Code is one of preventive justice and before invoking the said provision, it must be evident that there is imminent danger. Unless the arrest under Section 151 of the Code is based upon a bonafide belief of the existence of a design to commit a cognizable offence and without arresting the person, the threat of commission of offence cannot be averted, only then can the Police Officer be clothed with the power to arrest under Section 151 of Code. The corollary of the above is that, without the knowledge of a design and without an imminent threat to commit a cognizable offence, a Police Officer cannot arrest, that too without a warrant from the Magistrate in exercise of the power under Section 151 of the Code.”

The court was considering a plea filed by a practicing advocate against whom an FIR had been registered alleging that he is a threat to the maintenance of peace in public. He was immediately released from the police station after recording his arrest.

Advocate Appu Ajith appeared for the petitioner and Public Prosecutor Seetha. S appeared for the state.

The court cautioned that the misuse of Section 151 of CrPC would also amount to violation of Article 21 of the Constitution:

“Since the provision can be a possible source of misuse with Article 21 of the Constitution of India, remaining like a brooding omnipresence over the provisions of the Code, it is necessary to observe that in the absence of bonafide material or evidence of a design to commit an offence, which cannot be averted without arresting the person, the action under Section 151 of the Code would fall foul not only of Section 151 of the Code, but also of Article 21 of the Constitution of India.”

The court in the matter at hand observed that even though the FIR was registered against the petitioner under Section 151 of the CrPC, there was nothing to show that the police had knowledge of a design to commit an offence. The court held that in such a situation, the registration of the FIR against the petitioner is an abuse of the process of the Court. ‘The registration of the crime hangs as a damocles sword over petitioner’s head’, the court observed while invoking its powers under Section 482 of the CrPC to quash the proceedings against the petitioner.

Case Title: Anand Mahadevan V State Of Kerala

Citation: 2023 LiveLaw (Ker) 175

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