16 August 2011

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Understand the Laws CRPC 107 and 151 under which Delhi Police Arrested Anna Hazare

Understand the Laws CRPC 107 and 151 under which Delhi Police Arrested Anna Hazare
The 73-year old Anna Hazare was picked up by Delhi Police officers at 7.30am from a flat where he was staying in Mayur Vihar in East Delhi after he refused not to undertake the fast since it would be in violation of prohibitory orders that were imposed last night.

Delhi Police used two sections - 107 and 151 - of the Criminal Procedure Code (CrPC) to detain and arrest Anna Hazare.


The Code of Criminal Procedure, 1973 (CrPc) –
107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of' the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1[with or without sureties] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.

Section 151 in the Code of Criminal Procedure, 1973
151. Arrest to prevent the commission of cognizable offences.
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a 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 authorized under any other provisions of this Code or of any other law for the time being in force.

Did you ever know or heard any politician was arrested in advance when they plan the destruction of media offices.


Reality views by sm –

Tags- Anna Hazare Arrested Congress Delhi Police

2 comments:

Rakesh Kumar August 16, 2011  

Do you think,application of said sections of CRPC
was all right in case of Anna?

SM August 16, 2011  

@Rakesh Kumar law was applied wrongly.