Crpc sec 41 amendment says no arrest without warrant


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.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

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

 
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Assistant

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.

 
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HR assistant

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.

 
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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?

 
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self

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 

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

 
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