Section 170 BNSS: Arrest to prevent commission of cognizable offences
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 170 BNSS at a Glance
Section 170 BNSS deals with arrest to prevent commission of cognizable offences. It replaced Section 151 CrPC on 1 July 2024.
Section 170 BNSS Bare Act Text
(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 authorised under any other provisions of this Sanhita or of any other law for the time being in force.
Source: Section 170, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 170 BNSS in Simple Words
Section 170 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest to prevent commission of cognizable offences.
Under Section 170(1) BNSS, 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.
Under Section 170(2) BNSS, no person arrested under Section 170(1) BNSS 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 authorised under any other provisions of the Sanhita or of any other law for the time being in force.
When Section 170 BNSS Applies
- Section 170(1) BNSS applies to a police officer knowing of a design to commit any cognizable offence.
- That police officer may arrest, without orders from a Magistrate and without a warrant, the person so designing.
- The arrest may be made if it appears to such officer that the commission of the offence cannot be otherwise prevented.
- Section 170(2) BNSS applies to a person arrested under Section 170(1) BNSS.
Time Limits Under Section 170 BNSS
- Section 170(2) BNSS says that no person arrested under Section 170(1) BNSS shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest.Act text: “shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest”
- That period applies unless his further detention is required or authorised under any other provisions of the Sanhita or of any other law for the time being in force.Act text: “unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force”
Example of Section 170 BNSS
When Section 170 BNSS Does Not Apply
- Section 170(1) BNSS speaks of a design to commit any cognizable offence. It does not deal with a design to commit an offence that is not a cognizable offence.
- Section 170(2) BNSS speaks of a person arrested under Section 170(1) BNSS. It does not deal with a person arrested on a warrant.
Section 170 BNSS in the CrPC (Previous Law)
Section 170 BNSS replaced Section 151 CrPC from 1 July 2024.
Section 170 BNSS has the same text as Section 151 CrPC. The heading of Section 170 BNSS reads Arrest to prevent commission of cognizable offences where the heading of Section 151 CrPC read Arrest to prevent the commission of cognizable offences. Section 170(2) BNSS reads any other provisions of this Sanhita where Section 151(2) CrPC read any other provisions of this Code.
Each sub-section below names its own source.
FAQs on Section 170 BNSS
When may a police officer arrest under Section 170 BNSS?▼
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.
Does Section 170(1) BNSS need orders from a Magistrate or a warrant?▼
Section 170(1) BNSS says the police officer may arrest without orders from a Magistrate and without a warrant.
For how long may a person arrested under Section 170 BNSS be detained in custody?▼
Section 170(2) BNSS says no person arrested under Section 170(1) BNSS 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 authorised under any other provisions of the Sanhita or of any other law for the time being in force.
What changed from Section 151 CrPC to Section 170 BNSS from 1 July 2024?▼
Section 170 BNSS has the same text as Section 151 CrPC. The heading of Section 170 BNSS reads Arrest to prevent commission of cognizable offences where the heading of Section 151 CrPC read Arrest to prevent the commission of cognizable offences. Section 170(2) BNSS reads any other provisions of this Sanhita where Section 151(2) CrPC read any other provisions of this Code.
Section 170 BNSS: Sub-sections Explained
Section 170(1) BNSS: Arrest to prevent the commission of cognizable offences
▶
Bare Act Text
(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.
Section 170(2) BNSS: Arrest to prevent the commission of cognizable offences
▶
Bare Act Text
(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 authorised under any other provisions of this Sanhita or of any other law for the time being in force.
Have questions about Section 170 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·