Section 152 CrPC: Prevention of Injury to Public Property
Section 152 of the Code of Criminal Procedure, 1973 authorised a police officer to intervene immediately to prevent visible attempts to damage public property or public navigation marks. Its corresponding provision under the law in force since 1 July 2024 is Section 171 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 152 CrPC: Original statutory provision
Under Chapter XI (Preventive Action of the Police) of the Code of Criminal Procedure, 1973, Section 152 was titled “Prevention of injury to public property.” It provided:
“A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation.”
The provision allowed a police officer to act without first obtaining a separate order from a Magistrate when the specified attempted injury was occurring in the officer's view.
Section 171 BNSS: Applicable law from 1 July 2024
Section 171 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled “Prevention of injury to public property,” carries forward the substance of former Section 152 CrPC. It empowers a police officer, on the officer's own authority, to interpose to prevent an attempted injury witnessed by the officer to public movable or immovable property, or the removal or injury of public landmarks, buoys and other navigation marks.
The BNSS is Act 46 of 2023 and came into force on 1 July 2024. The official legislation can be consulted on India Code.
Meaning and scope of the provision
Who may intervene?
A police officer may personally intervene under Section 171 BNSS. The phrase “of his own authority” means that this preventive intervention does not require a prior Magistrate's order under this particular provision.
What is protected?
- Movable public property: for example, publicly owned vehicles or equipment.
- Immovable public property: for example, public buildings, roads and bridges.
- Public landmarks: markers identifying boundaries or locations for public purposes.
- Navigation marks: buoys and other markers used to guide navigation.
When may the power be exercised?
The provision addresses an attempted injury occurring in the officer's view. Its purpose is prevention rather than punishment after the event. The scope of any further detention, arrest, investigation or prosecution must be justified under other applicable provisions of law; Section 171 itself does not set out a separate punishment or an unrestricted power of arrest.
Practical examples
If an officer sees a person attempting to break a public streetlight, damage a government bus or remove a navigation buoy, the officer may step in to prevent the injury. Whether an offence has been committed, and whether arrest or prosecution is legally permissible, depends on the surrounding facts and other relevant statutes.
Not every dispute over privately owned property falls within this provision. Its express focus is public property, public landmarks and navigation marks.