• Section 151

Two years back I was booked under section 151 and was detained for 18 hours. Thereafter I did not inquire about it. 
Now I want to know will this detention be an obstacle for my civil services career? Do I need to mention this detention while filling govt job forms??? 
Please help
Asked 7 years ago in Civil Law

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5 Answers

Section 151 of IPC provides

Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

2) The object of Sections 107 and 151 is “preventive justice and not punitive. Section 151 should be invoked only when there is an imminent danger to peace or a likelihood of breach of peace under Section 107. An arrest under Section 151 can be supported when the person to be arrested designs to commit a cognisable offence. A further condition for the exercise of such power, which must also be fulfilled, is that the arrest should be made only if it appears to the police officer concerned that the commission of the offence cannot otherwise be prevented.”

3) you should mention your detention in filling application for govt jobs . It should not be obstacle for your civil career

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

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1) you should never suppress any material facts

2) in case it is discovered during back ground check it would be a ground for dismissal from service

3) you can move HC for quashing if you so desire

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. It is not correct whether you were named in the FIR or not and thereafter you were convicted f any offence or not.

Mere detention is no harm for joining in a government job.

Only on receipt of full information I can advise further advice.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

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This is Arrest to prevent the commission of cognizable offences.

No person arrested 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 Code or of any other law for the time being in force.

Thus is just a detention and not a punishment.

Hence you need not mention about this in the form of application nor you need to be worried about the police verification in this regard.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

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What if I don't mention this detention? Will it come under notice during background check?

This will not come under backgrond verification by police.

Can I quash off this incidence by any legal procedure?

There is no provision i n law for this.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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