The Code of Criminal Procedure (CrPC) provides a framework for law enforcement authorities to take preventive measures to maintain law and order. These provisions empower authorities to prevent crimes before they occur, ensuring public safety and peace.

Definition and Purpose of Preventive Measures

Preventive measures under CrPC refer to legal provisions that allow law enforcement agencies to take preemptive action against potential threats to public order. These measures aim to deter criminal activities, regulate assemblies, and control possible disturbances.

Can Police Arrest You Even If You Didn’t Commit a Crime?

Yes, under certain provisions of the CrPC, police have the authority to arrest individuals even if they have not committed a crime. This is mainly done under preventive measures, where law enforcement officials suspect that a person may engage in unlawful activities.

However, misuse of these laws often leads to wrongful detentions, political oppression, and harassment of innocent people. To prevent abuse, individuals must be aware of their rights and seek legal recourse if arrested unjustly.

Scope of this Preventive Measures (Section 106 – 153):

• Object of this chapter is to take security from accused for keeping peace or for good behaviour.
• This chapter comes into operation even before commission of offence.
• Essence of this chapter is to prevent the offenders for causing breach of peace and tranquillity in this society.
• The security proceedings under this chapter or judicial in nature.
• These proceedings are not against the fundamental rights under the Constitution, nor this chapter is discriminatory in nature.
• This chapter may not be misunderstood as preventive detention.
• Amount of security shall be reasonable.
• This chapter distinguishes CrPC from PPC in this particular aspect.

Section 106:

On the order of conviction security for keeping peace may be demanded on the following;

1. Rioting
2. Affray
3. Assault
4. Breach of Peace
5. Intimidation
6. Abetment of these offences

The accused shall furnish security on his release from the first conviction.

Section 107:

Security from the person may be ordered by the Magistrate if that person is likely to commit breach of peace. Temporary bond may be ordered.

Section 108:

Security for good behaviour may be taken from the persons who are spreading seditious material. Such information may be received oral or in writing.

Section 109:

Security for good behaviour may be taken from suspects or vagabonds.

Section 110:

Security for good behaviour may be taken from habitual offenders. When the court receives information that any person is present in local area, security may be demanded from the following persons;

1. Habitual robber
2. House breaker
3.  Thief
4.  Forger
5.  Receiver of stolen property
6.  Helper (Harbourer of thieves)
7.  Habitual to commit, attempt or abet these offences.
8.  Habitual to involve himself in breach of peace.
9.  Habitual to abet or attempt the offences of kidnapping, abduction, extortion, cheating, mischief or the like.
10. Any person who is desperate and dangerous to this extent that if he is let at large without security, he will be hazardous for the society or community.

According to sections  112 – 117 CrPC inquiry shall be conducted by the Magistrate and the accused may prove that allegation is fake. During such inquiry temporary bond may be demanded.

Unlawful Assembly (Section 127 – 132):

The Magistrate may order to dispense unlawful assembly. This order may be executed through police. This order maybe executed through police. Help of male member of the society maybe taken. Armed forces maybe used.

If the Magistrate is present at the spot, he shall be in charge of operation. If he is not present and there is emergency situation, the commanding officer of armed forces shall be in charge. In all other cases the police officer of highest rank present at the spot shall be in charge. If the Magistrate is not present at the spot, he shall be communicated immediately.

The proceedings under this section are protected under the canopy of lawful action. However misuse of authority or illegal action may be challenged.

Public Nuisance (Section 133 – 143):

Whenever Magistrate First Class receives police report or other information regarding nuisance, court may order for removal of such nuisance after recording the evidence. Following are cases of public nuisance;

• Unlawful obstruction or water channel or way
• Carrying trade or occupation which is injurious to public health
• Keeping explosive substance
• Illegal structure which is likely to cause injury to neighbours or passer byers
• Tank or well near public way
• Keeping dangerous animals

Repetition of nuisance is not allowed, inquiry may be conducted and person maybe punished for disobedience. Stay order maybe issued temporarily. Property maybe sold or attached in case of disobedience.

Section 144:

Temporary order in urgent cases of nuisance maybe passed. This order shall be valid for two months. This order maybe passed ex-parte. For example, public health, slaughtering, pollution etc.

Dispute relating to immovable property which is likely to cause breach of peace (Section 145 – 148):

It is applicable  to dispute of possession of immovable property, dispute use of land, water or boundary but the condition precedent is that there shall be breach of peace.

Any Magistrate First Class may deal with the matter. This order is provisional subject to decision of competent civil court. Property may be attached, restoration of possession maybe ordered by the Magistrate. Magistrate maybe informed in this regard either by police or by the public. In cases of emergency property maybe attached till result of inquiry by the Magistrate. Complete inquiry maybe conducted by the Magistrate.

Section 150:

If the police receives information about planning of the crime, matter maybe sent to the Magistrate.

According to section 151 CrPC, the person maybe arrested subject to furnishing of security.

According to section 153 CrPC, matters of weight and measures and measures may also be taken up by the Magistrate.

Misuse of Preventive Measures by Police in Pakistan

While preventive measures under CrPC are designed to maintain law and order, they are often misused by law enforcement authorities in Pakistan. Some common instances of misuse include:

• Police frequently detain individuals without sufficient grounds, using preventive detention laws to suppress political dissent or intimidate activists.
• Authorities impose bans on gatherings and protests indiscriminately, limiting freedom of speech and assembly.
• Individuals, especially from marginalized communities, are sometimes falsely implicated in preventive cases to settle personal or political scores.
• Some law enforcement officers exploit preventive measures to extort money from individuals under the threat of detention.

Conclusion

Preventive measures under CrPC play a crucial role in maintaining law and order. However, their misuse by police in Pakistan raises concerns about human rights violations and the abuse of power. While these provisions are essential for public safety, they must be implemented transparently and fairly to prevent injustice. Effective oversight and legal reforms can help curb these abuses while ensuring a balance between individual rights and societal security.

Read More:

Investigation Under CrPC | A Legal Perspective

Understanding Remand in Criminal Proceedings

Charge Under Criminal Law | Everything You Need To Know