Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Guest (n/a)     19 January 2009

Comments on Cr.PC Amendment

You comments on the new arrest provisions in the amended Cr.P.C


Learning

 6 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     19 January 2009

" According to the amendments, police would have to seek prior permission of the court before arresting a person and would be able to arrest people only involved in heinous crimes like murder, rape and dacoity "



Chief Justice K G Balakrishnan


" a person should not be arrested without verifying the veracity of allegations so that people are not implicated in false cases to settle personal and political scores "



Justice B N Aggarwal, who is the next senior most judge in the Supreme Court,


 " Discretion will amount to give the police a handle "



SCBA President P H Parekh


" These amendments would give a free hand to frauds, unscrupulous elements, extortionists, those demanding dowry and other offenders without any fear of being arrested, leaving law-abiding citizens at the mercy of anti-social elements, police and politicians with criminal track records "


SCBA Secretary K C Kaushik :


" It was wrong on the part of the government to introduce such a bill in Parliament without taking the legal fraternity and bar associations into confidence "


SUPREME COURT BAR ASSOCIATION


" Police would misuse its discretionary powers to shield the culprits, they contend "

PALNITKAR V.V. (Lawyer)     19 January 2009

A very good collection.

Sanjeev Tewatia (Advocate)     19 January 2009

thanks again Mr. Aejaz


 

aatma   19 January 2009

Some True facts in the amendments are hided and only the other side is focused and misguided for some purpose.


Home Minister Mr. P. Chidambaram's Note on amendment:


https://timesofindia.indiatimes.com/President_okays_7-year_hitch_for_arrests/articleshow/3998337.cms


Allaying those concerns, home minister P Chidambaram wrote to all CMs a week later on January 13 and explained why it was necessary to bring such changes in the CrPC.



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.



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 offence "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.


 

B.N.Rajamohamed (advocate / commissioner of oaths)     25 January 2009

Amendments pertaining to issuing notice of appearance before arresting persons involved in offences punishable FOR 7 YEARS imprisonment is one way right as a person who will be detained out of personal vengeance can approach the sessions or the high court for anticipatory bail

Rajesh Kumar (Advocate)     25 January 2009

There are two concerns- one guilty must be brought to books, and second innocent must not be harassed if false cases.


Our law & society does not do anything to protect the innocent from vexous harassment. Further, it never comepansates the innocent accused for thier loss of reputation, disturbance in life. It does not take steps to punish false accuser. If the soceity takes care of these things, such knee jerk amendments will not be required.  


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