498aFighter (Analyst) 04 January 2011

CrPC Amendments 2008 & 2010 are notified by Home Ministry

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

See PIB site - https://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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9 Replies

(Guest)

GOOD JOB.REGARDS.

Avnish Kaur (Consultant) 04 January 2011

V. GOOD , now its not dicsretion of police officer to arrest or not, he has to explain reason for or against making an arrest. no more jungle raj. hope this applies to BIMARU states as well and not confined to mertos only.

(Guest)

thank you very much

Amit Minocha (Lawyer) 04 January 2011

Thanks for a good update !

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 05 January 2011

These notification are not avilable online at the moment.

I have talked to Ministry Officials and trying for the Official copy.

Once i receive this i will share with all of you.

Cheer

Thanks

498aFighter (Analyst) 05 January 2011

Just more to add:-

It is 'Act No 41 of 2010' - See https://bit.ly/htrdCj

It's notification no is - 'SO 2689(E), dated 1-11-2010'

Thanks!!

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 05 January 2011

CHEER VICTIMS OF HARRASSMENT OF WIFE AND POLICE

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

IT IS APPLICABLE TO WHOLE OF INDIA DEAR AVNISH JI

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.