CR.P.C AMENDMENTS- NOTIFIED IN GAZZETTE

ADVOCATE & DIRECTOR

PLS FIND THE BELOW NEWS:::

 

The amendment signed by President Pratibha Patil was enacted on January 2

The police cannot arrest anyone before sending him a Memo of Appearance


 

 

VISAKHAPATNAM: Save Family Harmony, an NGO fighting against victimisation of men under ‘gender-biased laws', has welcomed the amendment made to the Criminal Procedure Code Amendment Bill, 2008, and felt that it would give some respite to men from being unnecessary harassed by the police.

Though the amendment was signed by President Pratibha Patil in January 2009, it was enacted only on January 2 without much publicity due to protests from lawyers' organisations. The amendment contains radical reforms in the area of powers of arrest by the police, B.K. Agarwal, president of the organisation, and B.A.K. Kishore, advocate, said at a media conference on Tuesday.

They felt that the amendment would help in better enforcement of the laws without violating human rights of citizens. The courts would not be overburdened by false cases. The third report of the National Police Commission had expressed serious concern on unnecessary arrests of innocent people by the police and observed that 60 per cent of the arrests made by the police were unnecessary and were accounting for 43.2 per cent of jail expenditure. This had necessitated the amendment of the Cr PC.

The police cannot arrest anyone before sending him a Memo of Appearance and in case the accused failed to comply with the notice, the police have to record reasons of arrest the court diary and to obtain warrant from the magistrate for crimes where the punishment was up to seven years of imprisonment. The accused has to be supplied with a copy of the FIR, provided a lawyer of his choice and a proper medical check up has to be done before arrest.

Section 41 A (3) states that when an accused person complies and continues to comply with the notice he shall not be arrested in respect of the offence. Mr. Agarwal said the National Police Commission report had found that 40 lakh out of the total 68 lakh arrests made by the police during 2007 alone were ‘unnecessary' and it was a blatant violation of the human rights of lakhs of people.

Replying to queries, Mr. Kishore said both giving and receiving dowry was a crime. He called for a change in the attitude of people for eradication of the social evil.

 
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ADVOCATE & DIRECTOR

 

HON'BLE HOME MINISTER UOI MR.CHIDAMBHARAM  SAYS


Judicial

The Notification bringing into force the provisions of Sections 5, 6 and 21(b) of the Code of Criminal Procedure (Amendment) Act, 2008 was published on October 30, 2010.

 

The Notification bringing into force the Code of Criminal Procedure (Amendment) Act, 2010 was published on November 01, 2010.

 

 
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unemployed

 @ PJANARDHANA REDDY  thank's you sir!! for infromation.

if possible pliz !attached  the copies of notification.

 
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Officer

 

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT)
BILL, 2010
A
BILL
further to amend the Code of Criminal Procedure Act, 1973.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:—
1. (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. On and from the date of commencement of section 5 of the Code of Criminal
Procedure (Amendment) Act, 2008, in section 41 of the Code of Criminal Procedure, 1973 [as
amended by section 5 of the Code of Criminal Procedure (Amendment) Act, 2008], in subsection
(1), in clause (b), the following proviso shall be inserted at the end, namely:—
"Provided that a police officer shall, in all cases where the arrest of a person is
not required under the provisions of this sub-section, record the reasons in writing for
not making the arrest.".
Short title and
commencement.
Amendment
5 of 2009. of section 41.
2 of 1974.
AS INTRODUCED IN LOK SABHA
Bill No. 29 of 2010
2
3. On and from the date of commencement of section 6 of the Code of Criminal Procedure
(Amendment) Act, 2008, in section 41A of the Code of Criminal Procedure, 1973 [as inserted
by section 6 of the Code of Criminal Procedure (Amendment) Act, 2008],—
(a) in sub-section (1), for the words "The police officer may", the words "The
police officer shall" shall be substituted;
(b) for sub-section (4), the following sub-section shall be substituted, namely:—
"(4) Where such person, at any time, fails to comply with the terms of the
notice or is unwilling to identify himself, the police officer may, subject to such
orders as may have been passed by a competent Court in this behalf, arrest him
for the offence mentioned in the notice.".
5 of 2009.
2 of 1974.
Amendment
of section
41A.
STATEMENT OF OBJECTS AND REASONS
In the light of objections from certain quarters to certain provisions of the Code of
Criminal Procedure (Amendment) Act, 2008, the said Act could not be brought into force.
These provisions, inter alia, relate to the power of the police to arrest without warrant. A
reference in the matter was made to the Law Commission of India to take the initiative to
bring about a consensus on the issues. The Law Commission discussed the issues with all
concerned including the Chairperson(s) of some of the Bar Councils and the Chairman of the
Bar Council of India. After holding consultations, the Law Commission recommended further
amendment in the provisions of amended section 41 of the aforesaid Act to make it compulsory
for the police to record the reasons for making an arrest as well for not making an arrest in
respect of a cognizable offence for which the maximum punishment is up to seven years.
The Law Commission also suggested further changes in the newly inserted section 41A of
the Code of Criminal Procedure Act, 1973 (inserted by Act 5 of 2009) to make it compulsory
for the police to issue a notice in all such cases where arrest is not required to be made under
clause (b) of sub-section (1) of the amended section 41. It was also suggested that the
unwillingness of a person who has not been arrested to identify himself and to whom a
notice has been issued under the aforesaid section 41A could be a ground for his arrest. It
has been decided to accept the suggestions of the Law Commission of India and to amend
the Code of Criminal Procedure Act, 1973 as amended by the Code of Criminal Procedure
(Amendment) Act, 2008.
2. The Bill seeks to achieve the above objectives.
NEW DELHI; P. CHIDAMBARAM
The 2nd March, 2010.
3
ANNEXURE
EXTRACTS FROM THE CODE OF CRIMINAL PROCEDURE, 1973
(2 of 1974)
* * * * *
CHAPTER V
ARREST OF PERSONS
41. (1) Any police officer may without an order from a Magistrate and without a
warrant, arrest any person—
* * * * *
(b) against whom a reasonable complaint has been made, or credible information
has been received, or a reasonable suspicion exists that he has committed a cognizable
offence punishable with imprisonment for a term which may be less than seven years
or which may extend to seven years whether with or without fine, if the following
conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint,
information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence
to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or
promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to the police
officer; or
(e) as unless such person is arrested, his presence in the Court
whenever required cannot be ensured,
and the police officer shall record while making such arrest, his reasons in writing.
41A. (1) The police officer may, in all cases where the arrest of a person is not required
under the provisions of sub-section (1) of section 41, issue a notice directing the person
against whom a reasonable complaint has been made, or credible information has been
received, or a reasonable suspicion exists that he has committed a cognizable offence, to
appear before him or at such other place as may be specified in the notice.
* * * * *
(4) Where such person, at any time, fails to comply with the terms of the notice, it shall
be lawful for the police officer to arrest him for the offence mentioned in the notice, subject
to such orders as may have been passed in this behalf by a competent Court.
* * * * *
When police
may arrest
without
warant.
Notice of
appearance
before police
officer.
4
GMGIPMRND—1099LS(S5)—10-03-2010.
LOK SABHA
————
A
BILL
further to amend the Code of Criminal Procedure Act, 1973.
————
(Shri P. Chidambaram, Minister of Home Affairs)
 
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The Code of Criminal Procedure (Amendment) Bill, 2008 as passed by the Rajya Sabha, a bill further to amend the code of Criminal Procedure, 1973 has been already passed and a Gazette notification might have come. If anyone knows about the notification please update.

 
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