THE CODE OF CRIMINAL PROCEDURE (AMENDMENT)
BILL, 2010
A
BILL
further to amend the Code of Criminal Procedure Act, 1973.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:—
1. (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. On and from the date of commencement of section 5 of the Code of Criminal
Procedure (Amendment) Act, 2008, in section 41 of the Code of Criminal Procedure, 1973 [as
amended by section 5 of the Code of Criminal Procedure (Amendment) Act, 2008], in subsection
(1), in clause (b), the following proviso shall be inserted at the end, namely:—
"Provided that a police officer shall, in all cases where the arrest of a person is
not required under the provisions of this sub-section, record the reasons in writing for
not making the arrest.".
Short title and
commencement.
Amendment
5 of 2009. of section 41.
2 of 1974.
AS INTRODUCED IN LOK SABHA
Bill No. 29 of 2010
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3. On and from the date of commencement of section 6 of the Code of Criminal Procedure
(Amendment) Act, 2008, in section 41A of the Code of Criminal Procedure, 1973 [as inserted
by section 6 of the Code of Criminal Procedure (Amendment) Act, 2008],—
(a) in sub-section (1), for the words "The police officer may", the words "The
police officer shall" shall be substituted;
(b) for sub-section (4), the following sub-section shall be substituted, namely:—
"(4) Where such person, at any time, fails to comply with the terms of the
notice or is unwilling to identify himself, the police officer may, subject to such
orders as may have been passed by a competent Court in this behalf, arrest him
for the offence mentioned in the notice.".
5 of 2009.
2 of 1974.
Amendment
of section
41A.
STATEMENT OF OBJECTS AND REASONS
In the light of objections from certain quarters to certain provisions of the Code of
Criminal Procedure (Amendment) Act, 2008, the said Act could not be brought into force.
These provisions, inter alia, relate to the power of the police to arrest without warrant. A
reference in the matter was made to the Law Commission of India to take the initiative to
bring about a consensus on the issues. The Law Commission discussed the issues with all
concerned including the Chairperson(s) of some of the Bar Councils and the Chairman of the
Bar Council of India. After holding consultations, the Law Commission recommended further
amendment in the provisions of amended section 41 of the aforesaid Act to make it compulsory
for the police to record the reasons for making an arrest as well for not making an arrest in
respect of a cognizable offence for which the maximum punishment is up to seven years.
The Law Commission also suggested further changes in the newly inserted section 41A of
the Code of Criminal Procedure Act, 1973 (inserted by Act 5 of 2009) to make it compulsory
for the police to issue a notice in all such cases where arrest is not required to be made under
clause (b) of sub-section (1) of the amended section 41. It was also suggested that the
unwillingness of a person who has not been arrested to identify himself and to whom a
notice has been issued under the aforesaid section 41A could be a ground for his arrest. It
has been decided to accept the suggestions of the Law Commission of India and to amend
the Code of Criminal Procedure Act, 1973 as amended by the Code of Criminal Procedure
(Amendment) Act, 2008.
2. The Bill seeks to achieve the above objectives.
NEW DELHI; P. CHIDAMBARAM
The 2nd March, 2010.
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ANNEXURE
EXTRACTS FROM THE CODE OF CRIMINAL PROCEDURE, 1973
(2 of 1974)
* * * * *
CHAPTER V
ARREST OF PERSONS
41. (1) Any police officer may without an order from a Magistrate and without a
warrant, arrest any person—
* * * * *
(b) against whom a reasonable complaint has been made, or credible information
has been received, or a reasonable suspicion exists that he has committed a cognizable
offence punishable with imprisonment for a term which may be less than seven years
or which may extend to seven years whether with or without fine, if the following
conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint,
information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence
to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or
promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to the police
officer; or
(e) as unless such person is arrested, his presence in the Court
whenever required cannot be ensured,
and the police officer shall record while making such arrest, his reasons in writing.
41A. (1) The police officer may, in all cases where the arrest of a person is not required
under the provisions of sub-section (1) of section 41, issue a notice directing the person
against whom a reasonable complaint has been made, or credible information has been
received, or a reasonable suspicion exists that he has committed a cognizable offence, to
appear before him or at such other place as may be specified in the notice.
* * * * *
(4) Where such person, at any time, fails to comply with the terms of the notice, it shall
be lawful for the police officer to arrest him for the offence mentioned in the notice, subject
to such orders as may have been passed in this behalf by a competent Court.
* * * * *
When police
may arrest
without
warant.
Notice of
appearance
before police
officer.
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GMGIPMRND—1099LS(S5)—10-03-2010.
LOK SABHA
————
A
BILL
further to amend the Code of Criminal Procedure Act, 1973.
————
(Shri P. Chidambaram, Minister of Home Affairs)
