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Discussion > Criminal Law > IPC > Crpc sec 41 amendment says no arrest without warrant   Unanswered Threads Post New Topic

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There are 6 Replies to this message


Shreedhar


Kant
[ Scorecard : 46]
Posted On 29 November 2012 at 03:59 Report Abuse

What is the status of the CrPC Sec 41 Amendment ?

If this is already in effect then the police cannot arrest anyone without warrant where the imprisonment is less that 7 years.Now if this is the case then how are police still making the arrest under 498a and 406 where the imprisonment is less than 7years ? Does this mean police are behaving like dictators and breaking the law.



Adv.R.P.Chugh


Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)
[ Scorecard : 10357]
Posted On 29 November 2012 at 07:40 Report Abuse

You have to understand the S.41 amendments in their correct light. The new amendments now make it obligatory for the police to record reasons in writing as to the imperative necessity of arrest in a case punishable with less than 7 years, warrants are still not required - the offence being cognizable.

 

Bharat Chugh

www.advocatebharatchugh.wordpress.com


surjit singh


Assistant
[ Scorecard : 1730]
Posted On 29 November 2012 at 09:17 Report Abuse

Mr Bharat, this obligatory law permits the arresting authority to jump the clutches of law. Do you not think it should have been a mandatory instead of obligatory.


Om Prakash Dhusia


HR assistant
[ Scorecard : 1266]
Posted On 30 November 2012 at 20:18 Report Abuse

The question is that if police violates the CrPC 41 then the remedy is only the Court and do you think any judge would come and take you out from the lock-up or jail? You would have to endure worst torture than the arrest by police because atleast some compassionate judge would release you on bail. Mera Bharat Mahan no matter sau mai 99 be-iman.


Rahul Mendiratta


na
[ Scorecard : 293]
Posted On 01 March 2013 at 18:27 Report Abuse

My Father was arrested in Nov, 2011 by police in UP even after this so called 'Law Amendment' under 498a filed by my "Would be in law". Not to mention that I was not married then.

Even after that when we went to High Court, after release of my father spending 5 horrible days in Jail, what he was given was only stay on arrest till mediation was over.

I had to pay more than 1.5 lakh to settle the matter to avoid any further arrest of my family members.

Where is law? Who follows? Poilice?


Vinayak


self
[ Scorecard : 88]
Posted On 01 April 2013 at 00:47 Report Abuse

Originally posted by : Rahul Mendiratta

My Father was arrested in Nov, 2011 by police in UP even after this so called 'Law Amendment' under 498a filed by my "Would be in law". Not to mention that I was not married then.

Even after that when we went to High Court, after release of my father spending 5 horrible days in Jail, what he was given was only stay on arrest till mediation was over.

I had to pay more than 1.5 lakh to settle the matter to avoid any further arrest of my family members.

Where is law? Who follows? Poilice?

I am sure this abla nari has moved on to the next fellow to milk the next fellow 


ashish4pc


student
[ Scorecard : 24]
Posted On 01 April 2013 at 14:42 Report Abuse

Bharat chauhan righly said. but dont u think it is benefit to public masses..?



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