law of arrest

     TO make the law of arrest more effective and rational our parliament passed legislation by amending the Code of criminal procedure code. Before the amendment, section 41 of CrPC says “Any police officer may without an order from the magistrate and without warrant arrest any person – (a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned .A mere reasonable suspicion is necessary. The amendment section 41 0f CrPC says;” No person concerned in a non cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exist of his having so concerned shall be arrested expect under a warrant or order of a magistrate”. The new provision lays down that  for cognizable offence punishable with maximum imprisonment of  less than 7 years , arrest should be made only against the existence of “ credible information “ or a “reasonable complaint” .The police more over are obliged to record in writing the reason for making such arrest ,which are permit only under certain conditions , for example to prevent the person from committing further crimes or tempering with evidence .When arrest is not justified under these condition , the police should only issue a “notice of appearance” ; asking the presence of person  suspected at the crime to appear before the specified place.

   To check the vast discretionary power enjoyed by the police this amendment will help and shall be a little relief to the ignorant public. The awareness of such law is very much needed among the general public to safe guard them. To check the discretionary powers exercised by the police our country has to go further more. Nevertheless this type of amendment could ensure social justice up to a level. The unjustified power exercised by police officers to discretely arrest any person is even though lately realized by our law makers.