CrPC Amendment Is New Law: No More 498A Arrests for Extortio

Avnish is right!!  She also implicitly admits that otherwise there is NO derth of 'bread' to anyone honest in any field.

But people want butter!! 

It has already been enforced.

I have already obtained the copy of notification from the Ministry of Law.

The size of scanned copy was big so i could't attach it, sorry for that.

By Monday i will definitely attach the copy of notification.

Thanks

mail me i will make it small

Avnish Ji,

It is in my office computer , i will do it on Monday.

Thanks

ok sir

while surfing net i came to link below

https://www.voice4india.org/2010/01/19/code-of-criminal-procedure-amendment-act-2008-enforced/

which says power of police to make arrest part not yet notified and  i feel will never be notified unless sleepy public of india wakes up for its rights hijacked by some lawyers groups.

I will attach the notification and confirm from the ministry also on Monday.I have also filed RTI 15 days ago.

also ask when it will be notified and if not notified reason for not notifying it.

State of AP

The director-general of police, Mr K. Aravinda Rao, on Friday issued a circular to all police stations in the state asking them to release those accused from police station itself in cases where the imprisonment is below seven years

https://www.deccanchronicle.com/hyderabad/bail-ps-jail-term-below-7-yrs-320

Hi,

Need some advise on AB/Bail after the release of circular in AP.

AB for the accused 1 was denied in sessions court, sections in the case were 498/506/DP3,4. Planning to go to HC for AB. Case was filed in Dec 2010. After the release of the circular and based in Crpc 41 amendments , can we secure the Bail in the Police station itself before going to HC ? What is the process of getting Bail in police station itself ? What is the surity process for getting bail in Police station.

Please help out on these details.

Thanks !

https://498a.org/forum/viewtopic.php?f=11&t=7740

The media report is erroneous. The amendment only gives time to the accused from being arrested by the police arbitrarily- that too for 4 days. In these 4 days the accused moves sessions or HC for AB. The police and PP may still object the bail at that stage. The grant of bail is at the discretion of the court. 

A person cannot apply AB (Sec 438 CrPC) - if he/she is already arrested, he/she has to file bail under sec 439 CrPC while staying in prison. Now since the police are misusing their power under sec 41 CrPC, the amendments curatil such power - by asking the police to give the accused a notice with 4 days time. During this stage - the accused has two options. 
Option - 1: 
a. Accused Moves Sessions of HC for AB and can get a bail 

Option - 2: 
a. After 4 days - accused can visit the PS. If he/she gets arrested during this visit, then the police officer will record his reasons in writing for the - cause of arrest or no arrest. 
b. One reason for no-arrest could be that the - police may say we are still investigating. Two reasons here. 
(i) the officer is honest 
(ii) the officer weighs - on who gave him the largest bribe - the complainant or the accused.


Hope this clarifies. Do not be blinded from incorrect media reports. Read the amendments.

Still blind arrests will be averted.

The notification is attached herewith.

Dear All,

As confirmed earlier, this is to re-confirm that these notifications have already been issued and are effective.

The reply of RTI is attached herewith as a confirmation of their effectiveness.

Thanks

Excellent article.Thanks Bhaskar.

https://voice4india.org/2010/01/19/code-of-criminal-procedure-amendment-act-2008-enforced/

https://www.hindu.com/2011/01/05/stories/2011010550880200.htm