Now, Warrant must to arrest for offence punishable for less than 7 years.
HYDERABAD: Along with the advent of new year, 2011, a strange thing happened in Nampally court in the first week of January. When Hyderabad city police did a routine job of producing a youth in court on charges of petty theft, his lawyer K Surender told the court that the arrest of his client was illegal as it was against the provisions of a newly-amended CrPC Act-2008 that came into force at the end of 2010.
The cause he showed for this was that the police did not obtain an arrest warrant from the court prior to the arrest as mandated by the new law. The magistrate verified with the circular available with him that was sent to him by the AP High Court and found that what the counsel said was right and let the accused off then and there itself.
On Saturday, when several TV channels began beaming stories about the new law and also certain incorrect notions about the new law, the DGP office issued a press note clarifying that the CrPC Amendment Act had not made any provisions for release of arrested persons on bail. It only stipulated that the police officers have to give sufficient reason while requesting for remand of the arrested persons, the note said, acknowledging the fact that they have to go by the new law now onwards.
To put it in simple terms, police cannot straightaway arrest people in offences like cheating, theft, forgery, etc., which are punishable up to seven years of imprisonment only. They have to convince a court and obtain a warrant of arrest to do so. Prior to that they have to issue a notice of appearance before the police to the accused. If the accused fails to comply with the notice, then he is liable for arrest. But then, the police officer has to identify himself clearly and get an arrest memo countersigned by one of the relatives of the accused before making such an arrest.
The amended Act also gives several rights to the arrested person like having an opportunity of meeting a lawyer of his choice during interrogation, though not throughout the interrogation. These and many new provisions have been brought into force now.
Speaking to TOI on the new law, state public prosecutor Vinod Kumar Deshpande described this Act as a new piece of legislation that prevents illegal detentions. The provisions incorporated in Sections 41 A, 41B, 41C, and 41 D of the Act give relief both to the people and to the police also. Apart from providing several protections to the personal liberty of a citizen, the new law also prevents unwarranted criticism against upright police officers who go strictly by the rule book, the PP said.
Moreover, the state has to now set up a police control room in every district and has to display the names of the arrested, the names of those police officials who effected these arrests and the details of the cases, Deshpande said.
This new law will also prevent third degree methods because it is now mandatory for the police to get the accused examined by a government doctor immediately after the arrest, he said. This will help the accused in two ways. The doctor's version will carry the date of his arrest and the condition of the body of the accused after the arrest. This way there cannot be any delays in producing the accused in the court, he said.
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LinkWithin Posted by Amicus Curiae at 4:46 AM
Labels: 41 D, 41B, 41C, 498A, arrest, Sections 41 A 2 comments:
1.
AnonymousJanuary 30, 2011 2:24 AM
I think you are not exactly right. Going by the amendment provisions, Magistrate's warrant is a must only where the offence is non-cognizable. For cognizable offences, it is basically left to the police officer's discretion whethere an arrest is necessary or not. It is considered necessary when any of the five grounds stated in clauses 41(1)(b)(ii) 'a' through 'e' exist, otherwise it is
considered not necessary. In either case the police officer has to record reasons in writing. I am not sure that, in regard to cognizable offences, it will change the police arrest practices much. If anything, it might spawn more corruption to get the police officer to view the necessity of arrest favorably.
Just my view.
Kishore Kumar Reply
2.
Wonder why women cover their faces on TV - looks so stupid. As if covering their face will get them innocent man and they will live happily ever after when they can't live with one now.February 2, 2011 7:52 AM
The reason for the amendment was the large discretionary powers, though not completely erased. If it is read with the arrest precedent by Justice Thomas you get a lethal weapon against the Police if they don't give proper reasons. For the present the Indian Police genius is under test (:-) ) , they will have to cook up several reasons that the courts will accept. If the courts (in Collusion with Police) don't implement in the true spirit, then, your fears might as well become true.
If the Police did what they are doing or continuing to do they will certainly face demotion/reduction in rank and penalties --- same as detaining illegally or unlawfully. Ignorantia non excusat. The law is above what you think or what I think or what the police think.
It has the force of law and can be diminished only if declared unconstitutional.
For time being the courts will keep warning and riding piggy back. Soon, the pig will be difficult to shake off as always. :-)
FYI: Your assumption is way off. Previously, Police could arrest only in cognizable cases and certain other distinguished offences(like deserter, habitual offenders, suspicious (Upon relevant info ). They MUST issue notice, hospital check up, lawyer rights read etc etc.
Here we are bothered about only IPC 498A. The new amendment says only offences less than 7 years and covers ALL offences whether cognizable or not.
They MUST and have to give adequate reasons sufficient to satisfy/convince a court of law to issue arrest warrant - especially for IPC 498A. So you get
sometime to apply for AB. It is a death knell to their income source in a big way.
Look in the Home Ministry site for free version of amendment. Many interesting things in it.
the B* back.