News item Quote:
“Cr.P.C Amendment Bill gets President’s assent“
Source: https://www.thehindu.com/2009/01/20/stories/2009012055161100.htm
By.:J.Venkatesan
For non-cognisable offences a person can be arrested, without warrant, for proper investigation
Police should issue “notice of appearance” for any offence punishable with jail up to 7 years
Police officer arresting a person will have to bear identification badge
New Delhi: President Pratibha Patil has given assent to the Criminal Procedure Code (Amendment) Bill, which restrains the police from arresting a person for criminal offences for which the maximum sentence is up to seven-year imprisonment.
The Bill, passed in the last session of Parliament, has now become a law and it will come into force from the date of notification by the Centre.
It incorporates the recommendations of the Law Commission, the Justice Malimath Committee report and guidelines issued by the Supreme Court from time to time to prevent overcrowding of jails with under trials.
Lawyers are up in arms against the amendments and urging the government not to notify the amended law.
The amended Section 41 of the Cr.P.C. says: “No person concerned in a non-cognisable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned shall be arrested except under a warrant or order of a magistrate.”
However, arrest can be made without a warrant, after recording the reasons in writing, if the police officer is satisfied that it is necessary for proper probe, or to prevent the person from committing any further offence or making any inducement, threat or promise to anyone acquainted with the facts of the case.
The provision says the police, instead of arresting the accused, will be obliged to issue him/her a “notice of appearance” for any offence punishable with imprisonment up to seven years. The person can be arrested only if he/she does not appear before the police in response to the notice.
(The IPC provides for punishment up to seven years for offences including attempt to commit culpable homicide, robbery, attempt to suicide, kidnapping, voluntarily causing grievous hurt, cheating, outraging a woman’s modesty and death caused by negligence and dowry harassment.)
The amended law says a police officer who is making an arrest will have to bear his identification badge or tag. Besides, a memorandum of arrest shall be prepared, witnessed and countersigned. The person arrested shall be told that he/she has the right to inform a relative or friend.
It mandates the State government to establish police control rooms at the district and State levels and display on notice boards kept outside the control rooms the names and addresses of the persons arrested, and the names and designations of the police officers who made the arrests.
The law provides for payment of compensation to victims for illegal arrest and police harassment. Every State in coordination with the Centre should prepare a scheme for providing funds for compensation to the victim or his/her dependants who suffered loss or injury as a result of the crime and who require rehabilitation.
Above quoted News item ends.
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Dear SS,
I hope now you are aware that the Amendment to Section 41 of the CrPC has been signed into law by the President Of India. As soon as the gazette notification is issued, no person can be arrested under 498A by the police without an investigation.
Now kindly read this is what the new Home Minister Hon'ble PC had to say:
“Referring to Section 41 of the Act, Chidambaram said in his letter, “This provision was severely criticised as capable of being misused and, in fact, was being misused.” To substantiate his point, he advised CMs to refer to reports of the Law Commission and the Malimath Committee and also the judgment of the Supreme Court in D K Basu case which laid down guidelines for effecting arrest.“
It is not just DK Basu Vs State Of WB, Joginder Kumar Vs State of UP has what has been codified into the CrPC amendment. This is an action that has been long overdue.
Bar associations across the country have been protesting under the pretext that these CrPC amendment (Section 41, CrPC), doing away with mandatory arrest provisions, would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty. What the Bar Associations will never tell you is that the police never had the power to make such arrests and that arrest is an exception and not the norm. The fact is that by law, it is the seminal judgment of the Supreme Court, Joginder Kumar Vs State Of UP, that governs arrests in India.
The reasons the bar associations are giving for protesting against the CrPC amendments, such as criminals not fearing the law and other such excuses is not the right stand taken colly. By them across Board.
The CrPC amendments effectively signals the end of using discriminatory arrest as illustrated by your main post for extortion as the cops can no longer use arrests for extortion. Also remember this, the cops never had the power to arrest without cause or justification. Hence, almost all illutsrated arrests if any made in past, present and or be it future have been / are illegal detentions.
Any further comments friend are welcome.
Rgds,
