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Discussion > Family Law > CrPC Amendment Is New Law: No More 498A Arrests for Extortio   Unanswered Threads Post New Topic

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Bhaskar for SOCIAL JUSTICE


Legal & Social Activist
[ Scorecard : 1608]
Posted On 30 December 2010 at 15:04 Report Abuse

CrPC Amendment Is New Law: No More 498A Arrests for Extortion of Money by Laywers and Police

Written by Administrator of SAVE FAMILY INDIA FOUNDATION

Monday, 19 January 2009 CrPC Amendment Is New Law:

No More 498A Arrests for Extortion of Money by Laywers and Police

The amendment to the CrPC is now the law. The President has signed it. Going forth no person can be arrested under 498A as a whole sale free Lincence. Before arrest any one Police have to get sufficent evidence on records. The scum infesting the ranks of the Indian police force need to get their gravy elsewhere through some other extortion scheme.

This is what the new Home Minister 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. "

Bar associations across the country have been protesting under the pretext that the amendment (in Section 41) 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. That is bullsh*t and they know it. They fear thier illegal Business to Promote the Legal Terrorism and earn the money through Comission/Brobe etc will reduce by this and those lawyers and police are afraid. Sources said more than 70% Laywers who fight the case on merit well come this move , but Few money hungry and those laywers are earning the money by misuse the various law are feeling the heat. Chief Justice of India should take strong actions against those Lawyers who are doing the Strike and making abuse of LAW. In this country Lywers and Bar associations never rise thier voice to make faster justice and increase the number of Judges, as that will lead them the loss of money. The case dragged more and more , they will earn the money more and more by thier dishonest way. This a country where only Lawyers does not get any punishment for taking Bribe,doing Strike, for taking comissions form vicitms, Cheating the Income Tax authority ( Maximum Lywers will even refuse you to give the receipt of Payment they get). In this country if we need a corruption Free Justice System the next step should be to punish the Lawyers for their Crime. Even a Doctor, a police also get punished for cheating the People and doing the extortions, for taking the Bribe, doing Strike, but our Great Lawyers do not get any Punishment , wonder , are they above the LAW? •

Do you know ? NCRB: Over 100,000 Women Arrested Under 498A Since 2004 • More than 1,00,000 women are arrested without trial under law Section 498a IPC by Indian Govt in last 4 years even as thieves, molesters get bail. Are these women a bigger threat to society than thieves and molesters? (LINK) I

s this what women's empowerment by Congress Govt?

Even it took British 10 years to arrest 5000 women( 1937-47) but our Indian Government arrested more than 1,00,000 women ( 18 times ) in just 4 years ( 2004 - 2007).

The maximum women arrested even by barbaric British Government in 1930, approx 17000 women for their involvement Dandy Yatra (Salt March), which is much less than our Present Government done and our National commission of Women (NCW) and their associated are promoting the same even openly in Media/society/Parliament, which even Supreme Court of India also termed as "Legal Terrorism"!!!



Total thanks : 3 times


Online certification courses in IP, IT and Social Media laws


Arup


UNEMPLOYED
[ Scorecard : 11092]
Posted On 30 December 2010 at 18:48 Report Abuse

thanks for sharing information.

 

after signing of the president it have to be published in the official gaget of india. is it published?

then it is act, otherwise it is a would be act.



Avnish Kaur


Consultant
[ Scorecard : 3080]
Posted On 30 December 2010 at 20:09 Report Abuse

whetrher this has been enacted yet? pseudofeminists and lawyers are expected to oppose its implementation tooth and nail.



Bhaskar for SOCIAL JUSTICE


Legal & Social Activist
[ Scorecard : 1608]
Posted On 31 December 2010 at 14:00 Report Abuse

CrPC (Amendment) Act 2008 gets Presidents accent President gives accent to Law forbidding arrest in offenses carrying upto seven years imprisonment It has been reported in the Times of India dated 19th January, 2009 that the President has granted assent to the law past nearly three week back by the parliament which brings about major changes in the Criminal Procedure Code. This newly enacted law take away the powers of the police to arrest in cases of alleged offenses which carry a maximum sentence upto seven years of imprisonment. Once the law, CrPC (Amendment) Act 2008, becomes effective, 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. Seven years or less is the maximum penalty for a lot of offences. These offences include such as attempt to commit culpable homicide, kidnapping, death by negligence, cheating, voluntarily causing grievous hurt, outraging a woman’s modesty, robbery, attempt to suicide. These amendments have been made in section 41 of the CrPC. Under Section 41, as it originally stood, a police officer may, without an order of a magistrate and without a warrant, arrest any person who has been concerned in any cognisabale offense. The rationale of the amendment in section 41 of the code of criminal procedure has been justified by the home minister of India Shri P. Chidambaram reportedly in his letter which says that the provision was being capable of being misused and was in fact actually being misused in practice. He substantiated this claim of misuse of the arrest law by the police using it more of an engine of harassment rather than an instrumentality of fair investigation by citing the various reports of the law commission of India, the Malimath committee of reforms, and the landmark supreme court judgment in the case of DK Basu. In fact it was misused of this law that had necessitated the delivering of DK Basu judgment in which various dos’ and donts’ were prescribed to be strictly complied by the police force while investigating a case and arresting an accused. The amendment in CrPC, however, allows police to arrest without an order from a magistrate and without a warrant a person who commits a cognisable offense “in the presence of a police officer”. It also enables arrest of “a person who has committed a cognisable offence (punishable for a term which may be less than 7 years or extend upto 7 years) if there is a reasonable complaint or credible information or a reasonable suspicion and the police officer is satisfied that such arrest is necessary for proper investigation of the offence or for preventing tampering with the evidence“. The only additional requirement in such cases is that the police officer will have “to record his reasons” for making the arrest. Some of the salient features of amendments to Section 41 of the CrPC, pertaining to power of arrests with police are, 1. The amendment proposes that the police officer may, instead of arresting the person concerned, issue a notice of appearance, asking him to cooperate with the police officer in the probe. 2. Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice and arrest can be made only if the person fails to comply with the notice. 3. Every police officer while making an arrest shall “bear an accurate visible and clear identification of his name.” At the time of arrest, the memorandum shall be attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made. NOTIFICATION HAS YET TO BE ISSUED. A MOMENTUM BY MAILS, REQUEST, SMS TO THOSE IN POWER AND GENERAL PUBLIC CAN BE CREATED TO ISSUE NOTIFICATION AS EARLY AS POSSIBLE TO STOPP MISUSE OF POWER BY THE POLICE.


ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15941]
Posted On 31 December 2010 at 14:10 Report Abuse

Advocates having short site were opposing this amendment which was passed long back.

It will not only give respectibility to common person but will also reduce burden on legal system since most of the cases are arrest and bail or anticipatory bail.



Bhaskar for SOCIAL JUSTICE


Legal & Social Activist
[ Scorecard : 1608]
Posted On 31 December 2010 at 14:50 Report Abuse

A MOMENTUM BY MAILS, REQUEST, SMS TO THOSE IN POWER AND GENERAL PUBLIC CAN BE CREATED TO ISSUE NOTIFICATION AS EARLY AS POSSIBLE TO STOPP MISUSE OF POWER BY THE POLICE.


Kamal Grover


Advocate High Court, Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com
[ Scorecard : 2118]
Posted On 01 January 2011 at 10:54 Report Abuse

Actually this is the right way. Else even innocent people were roped by the police to grab a heavy amount.

Thanks and plz do send me mail whenever this code will be notified.

Good luck and have a nice year ahead.

Happy New Year.



498aFighter


Analyst
[ Scorecard : 76]
Posted On 04 January 2011 at 17:16 Report Abuse

CrPC Amendments 2008 & 2010 are notified by Home Ministry on Oct-30-2010 & Nov-1-2010 resp.

See PIB site -   http://pib.nic.in/release/release.asp?relid=67884&kwd=

 

"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."

 

Thanks!!




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Bhaskar for SOCIAL JUSTICE


Legal & Social Activist
[ Scorecard : 1608]
Posted On 05 January 2011 at 15:10 Report Abuse

I have confirmed from the Ministry of Home Affairs today itself. NOTIFICATIONS HAVE ALREADY BEEN ISSUED. NOW POLICE OFFICER CAN'T ARREST EASILY WITHOUT GIVING YOU REASONBALE NOTICE. I HAVE JUST OBTAINED COPY OF NOTIFICATION ALSO FROM THE MINISTRY. NOW DON'T FEAR FROM THE POLICE, THEY HAVE NO POWER TO ARREST WITHOUT SUFFICIENT REASONS Some of the salient features of amendments to Section 41 of the CrPC, pertaining to power of arrests with police are, 1. The police officer may, instead of arresting the person concerned, issue a notice of appearance, asking him to cooperate with the police officer in the probe. 2. Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice and arrest can be made only if the person fails to comply with the notice. 3. Every police officer while making an arrest shall “bear an accurate visible and clear identification of his name.” At the time of arrest, the memorandum shall be attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made.


Total thanks : 2 times


Avnish Kaur


Consultant
[ Scorecard : 3080]
Posted On 06 January 2011 at 22:28 Report Abuse

this will never be notified. lawyers are hell bent on opposing it.




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