Indian Kanoon - Search engine for Indian Law

8. A short question that requires consideration is whether the police are entitled to "look into" any complaint made by any citizen against a citizen or citizens in relation to a civil dispute on the premise that there is likelihood of further clashes, which may result in law and other problem.

9. Chapter XI of Cr. P.C. contains provisions dealing with preventive action of the police. Section 149 lays down that every police officer may interpose for the purpose of preventing, and shall, prevent the commission of any cognizable offence. Section 150 requires every police officer as in duty bound to inform about any information regarding a design to commit cognizable offence to the officer to whom he is subordinate and under Section 151, may even arrest, without orders from a Magistrate and without warrant, a person so designing to commit a cognizable offence. Further, under Sub-section (2), a person who is arrested in relation to a situation under Sub-section (1) of Section 151 shall not be detained exceeding 24 hours from the time of his arrest unless the detention of such person is required or authorised under any other provisions of this Code.

12. Similar provisions were made in the Telangana Act also by reason of Section 19 of the said Act. But, Section 16 of the Telangana Act postulates that police officers enrolled under the Telangana Act shall not have any other power except powers conferred by the Telangana Act or the Code of Criminal Procedure, 1898.

13. Hyderabad City Police Act is a consolidating law relating to Hyderabad City made with an objective of providing effective means for prevention and detection of crimes, maintenance of peace and investigation into crimes. Section 29 enumerates the duties of police officers. Clause (b) of Section 29 requires every police officer to obtain intelligence concerning the commission of cognizable offences or design to commit such offences and bring such information to the notice of superior officers and to take such action consistent with law and with orders of his superior. This provision is in pari materia with Section 151, Cr. P.C. It is not necessary to refer to various other duties under the Hyderabad Act. but it is suffice to notice that all the duties are meant to maintain peace and public order and prevent commission of offences.

14. The various provisions to which a brief reference is made would show that the power of the police to collect intelligence regarding any design to commit cognizable offences and prevent commission of cognizable offences is considered to be the inherent power of the police organization. Whether or not there is a special enactment, the police are expected to perform its functions; namely, maintenance of peace and public order and prevention of cognizable offences. When all these statutes dealing with police in Andhra Pradesh deal with duty of the police relating to cognizable offences, a Police Officer would not be justified in saying that he/she is looking into a complaint made by a person which has, ex facie, trappings of the civil dispute. Indeed, under sub-section (1) of Section 154 of Cr. P.C., it shall be within the power and duty of the police officer to register only a cognizable offence. Though under Section 155 of Cr. P.C. a police officer can make an entry in the appropriate register about the information as to non-cognizable offence, such police officer shall not investigate a non-cognizable offence without the order of the Magistrate. As a necessary corollary, it must be concluded that any effort on the part of the police 'to look into' any complaint by any person which does not contain allegations of commission of cognizable offences would not only violate the various provisions of the Andhra Act, as in this case, but also would violate Section 155(2) of the Cr. P.C. Any such action would be ex facie illegal, whatever be the ipse dixit of the police. There is no presumption in law that every rift in human relations would lead to a civil dispute and civil dispute would likely to result in clashes, resulting in offences against human body. Any such effort on the part of the police to look into the complaints regarding civil disputes is not even the part of the Code of Conduct of the Police, which was communicated by the Government of India in 1987 which reads as under :