Anup Kumar (business) 16 March 2009

Government not to implement amendments in CrPC: Law Minister

The Union Government has decided not to implement in the near future the recent amendments in Criminal Procedure Code(CrPc) giving discretionary powers to a police officer not to arrest a person facing allegations on an offence having maximum sentence of up to 7 years.

Indications to this effect were given by Union Law Minister H R Bhardwaj during Holi Milan celebrations with lawyers.

The Amendment bill was passed on December 23 last year along with seven other Bills within 17 minutes in Parliament without having any discussion.

The Bill has also received the assent of President Pratibha Devisingh Patil but is awaiting government notification to enforce it.

If the recommendations are implemented it will give free hand to police officers to let off those involved in cheating, extortion, dowry harassment and kidnapping and it will send wrong and encouraging signals to the criminals and also to the politicians with criminal antecedents because they will no longer have fear of being arrested.

The Law Minister said that the government was prepared to have a re-look at the Bill and Parliament may also reconsider the shortcomings in the Bill.

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5 Replies

Swami Sadashiva Brahmendra Sar (Nil) 16 March 2009

good sign . will coming parliament will repeal the controvertial provisions?

shailendra 09709516844 (student) 16 March 2009

i think the next govt. will certainly implement it

shailendra 09709516844 (student) 16 March 2009

in my sence it gives more waitage and more power to our police and judiciary.

aatma 17 March 2009

Bhardwaj's remarks on CrPC amendments evoke sharp reactions

https://www.hindu.com/thehindu/holnus/002200903102070.htm

New Delhi (PTI): Law Minister H R Bhardwaj's comment that he does not support the controversial CrPC amendment on Tuesday invited sharp reactions from experts who demanded his resignation and said it violated the doctrine of "collective responsibility" enshrined in the Constitution.

"It looks highly improper for a Cabinet Minister saying that he does not agree with a particular amendment. There is a joint responsibility of the Cabinet. If any minister does not agree with it, then he should resign," former Law Minister and senior advocate Shanti Bhushan said.

Mr. Bhardwaj had reportedly told a group of lawyers at a function here that he was not in favour of the amendments in the Criminal Procedure Code, giving the police discretionary power to arrest accused in offences punishable up to seven years jail term.

"He as a minister is violating the principle of collective responsibility and is acting in contempt of his office, breaching the rule of law which is one of the basic principles of the Constitution to which he has taken oath as minister," noted constitutional law expert P N Lekhi said.

Mr. Lekhi also seconded the opinion of Mr. Shanti Bhushan by saying, "If he had made such a statement then he should resign. He has made a populist statement which is unbecoming of the Law Minister."

Shashikant V. Patil (Lawyer) 17 March 2009

There will be wrong far reaching effect if the powers given to Police Offr, why because already the relation between the Public and Police are not good in our country. As public views are to be taken into account before implementation of this bill.