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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, when can an arrest be made in order to prevent the commission of a cognizable offence ?
Explanation
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the provisions for preventive arrest are laid down in Section 171 (which corresponds to Section 151 of the erstwhile CrPC). According to Section 171(1), a police officer who knows of a design to commit any cognizable offence may arrest the person so designing without orders from a Magistrate and without a warrant.
However, this power is conditional. The statute explicitly states that such an arrest can only be made if it appears to the police officer that the commission of the offence cannot be otherwise prevented. This ensures that preventive arrest is used as a measure of last resort to maintain public order and prevent serious crimes. Options B, C, and D do not align with the legal language or the specific threshold established by the Sanhita.