BNSS Section 168--Police Powers--Intervention to Prevent Cognizable Offence Does Not Authorise Issuance of Blanket Restraint Orders As It Tantamount to Injunction
Section 168 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers police to "interpose" to prevent cognizable offences, meaning to intervene or step in, and does not authorise issuance of blanket restraint orders tantamount to injunctions. The power of injunction vests exclusively with competent courts of law. Further, absence of a prescribed format for notices under Section 168 in the Second Schedule of BNSS, unlike Sections 166 and 189, raises a question of jurisdiction when such notices are issued. Police authorities cannot, under the garb of preventing cognizable offences, arrogate to themselves the power to determine civil rights of entry or access to premises.
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