New Year Gift to Criminals?

New Year Gift to Criminals?

The eight Bills passed by Lok Sabha on December 23 without a debate in 17 minutes included a radically revamped Criminal Procedure Code which divests the police of the usual arrest powers in all cases where the maximum possible sentence is seven years or less. Since the CrPC amendment Bill had been cleared earlier by Rajya Sabha on December 18 it is all set to pass into law once President Pratibha Patil gives her assent. Instead of arresting the accused the police will now be obliged to issue him a notice of appearance for any offence punishable with imprisonment up to seven years which as it happens is the maximum penalty prescribed under Section 124 of Indian Penal Code for assaulting a President. Seven years or less is also the maximum penalty for a host of other offences including attempt to commit culpable homicide Section 308 or robbery Section 393 voluntarily causing grievous hurt Section 325 cheating Section 420 outraging a womans modesty Section 354 and death caused by negligence Section 304A. The notice of appearance casts a duty on the accused person to appear before the police and cooperate with the investigation. It is only if he fails to comply with the terms of the notice that the question of arresting him will arise. Under the new law if authorities are still particular about arresting somebody in the first instance then the police will specially have to give reasons for that in writing in court. This is how the new law liberalises the arrest provisions: Section 41A 1 says that in all cases punishable with imprisonment up to seven years the police officer may instead of arresting the person concerned issue to him a notice of appearance. Section 41A 3 conveys the import of this farreaching devise by saying Where such person complies and continues to comply with the notice he shall not be arrested in respect of the offence referred to in the notice unless for reasons to be recorded the police are of the opinion that he ought to be arrested. Section 41A 4 explains the remedy that is available to the police whsen the accused does not honour his part of the deal: Where such person at any time fails to comply with the notice it shall be lawful for the police officer to arrest him... Since notice of appearance is now stipulated in the investigation of all offences punishable with imprisonment up to seven years arrest will cease to be an inevitable fallout for accused persons in a wide variety of cognizable cases including even those that were traditionally classified as nonbailable. On an offence such as kidnapping for instance the police cannot any longer use arrest as a first resort as the offence is punishable under Section 363 with imprisonment up to seven years. Similarly if a public servant induces a woman in his custody to have sex with him the police cannot straightaway arrest him as the offence is punishable under Section 376B with imprisonment up to five years. The more serious IPC crimes on which the police is exempt from issuing notice of appearance to accused persons include murder rape dowry death waging war on State robbery or dacoity with deadly weapons and kidnapping. The introduction of notice of appearance is part of a larger attempt to raise the bar for arrest. In case of offences punishable with imprisonment exceeding seven years the police can arrest merely on credible information or reasonable suspicion. But in the case of offences punishable with imprisonment up to seven years the police will also have the burden of recording the reasons for being satisfied that such arrest is necessary. Now anybody can imagine to whom its going to benifit to a common man or a common criminal. I dont know why our politicians dont think the other side they always make something which benifits criminals perpitrators and offenders. In the new year there can be no such gift for those violators of society which are own representatives have made for them.

Asked by virender.bhardwaj about Law Ethics

too much info not enough self discipline to read.

Answered by Alex B

Happy New Year 2009 2 our real criminal friends of India May God Bless you with prosperityfreedom and wealthy life Style

Answered by Ram L

Dear friend I partially agree with you that this amendment may benefit the proclaimed offenders/criminals but as the criminal law of the land is an accused is innocent unless proved guilty we cannot call all the accused as criminals because the accused become criminal when the court find him guilt of committing an offencethen one can call him criminal not otherwise. Secondly one thing which you did not notice in this amendment will be great help to all those husbands their parents against whom their wives make false F.I.R for dowry cruelty under the Dowry Prohibition Act section 406498A Indian Penal Code etc. Although the punishment for the offence is maximum for 3 years but since these are cognisablenonbailable offencethe accused parties were being arrested by the local Police then produced in the Court for further proceedings with regard to either their remand or bail as the case maybe. Now at least these victim of false dowry/cruelty criminal complaints will not be arrested like other proclaimed offenders will have dignified appearance in the police station the court. Think this amendment in the Criminal Procedure Code from this point of view.

Answered by vijay m

theres are some pro and cons to this no one guilty until proved so on the other hand it may give those who are guilty enough time to give the authorities the slip. The conclusion is i think is to make the law enforcement authorities lean and mean the police in our country is to corrupt and inefficient.

Answered by Rasbihari D

r u a criminal? why do you guys criticize government on anything and everything? dont you have a better job?

Answered by Arup Gupta

Would you want to live a life with a chance of getting arrested and sent to remand for an indefinite period until you get a bail for a crime you have not committed or would you wait for an accused to be proven guilty. Its alright to think of arresting a criminal at the first instance but where there is a reasonable evidence of a person being not guilty of an offense an arrest would wreck havoc in his life for the rest of his life

Answered by tough_cool

in a country where most of the innocent people are falsely accused in cases mostly gender biased cases such as 498a adultery rape etc. such laws are very welcome to minimize the extortion of money by corrupt police and lawyers.

Answered by vikas