Upgrad LLM

kerala dgp issued circular on crpc 41 (a) amendment

Senior Partner

RTI hit the nail on the head - Kerala DGP issued circular on CrPC 41 (A) Amendment

Applications under Right to Information Act, 2005 are finding great success in making the Government work faster and efficiently. Here is the circular issued by Director General of Police, Kerala, (after subsequent requests through RTI) with regard to compulsorily issuing a notice from 3rd November, 2010 onwards, as per S. 41A of CrPC Amendments 2008 and Amended S. 41A of CrPC Amendments 2010.



what is impact on false 498a due to this


Senior Partner

@ Writer 1

Fantastic question you asked and thank you for asking it! The better way (layman’s) to answer your question allow me to ask yourself a question i.e.

Ask yourself a question before RTI activism by Dr. SIFF is taking tool on various STATE Police by way of such RTI Applications after S. 41 CrPC Amendment 2010 on implementation what was happening in general pan India so far arrest of innocent civilians were concerned?????

The amendment to the CrPC is now the Law on arrest. The President has signed it. Going forth no person can be arrested under S. 498A IPC as a whole sale free Lincence. Before arrest any one Police have to get sufficient evidence on records. The scum infesting the ranks of the Indian police force need to get their gravy elsewhere through some other extortion scheme and my answer revolves around family law arrest not what few months back one of ld. Advocate mis-guided general public and fellow ld. Advocates about !.

I feel that instead of me answering your innocent question I will subscribe to what the new Home Minister had to say just after the Amendment 2010 and I quote him with link of the media bite for your better understanding is reproduced here;

Referring to Section 41 of the Act, Home Minster Hon’ble P.C. 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."

Link of Home Ministers media bite:



I hope I was able to help giving answer to your satisfaction ?


Here is Que. 2 which I am asking directly to you;

against this backdrop – I noticed your pseudo name to be wife betrayed which shows you are ‘impacted’ by Family Laws of the land! If this is right interpretation then question to you is;

Que. 2:  Now that you have tasted gender biased Family Laws of the land what impact you have made to Indian Men’s Rights Movement and or to RTI Activism till date? 


Total likes : 1 times


very good work carry on.



this does not make huge impact, only thing it does, husband and his family get notice instead of direct arrest, police still has the power to serve notice and make arrest based on false evidence wife can provide. They would not hear to what husband and his family has to say because then they cannot make money. Even if bail is granted then also husband and his family has to visit police station every week. which itself is an humnilation.

so police would continue to make money, do u think reason for corruption is lack of law, no adminstration always find way out.

Only if RTI can be file on quality of investigation and force police to explain why they chose to ignore certain fact and admit certain fact would make difference.


 Answer to your question 2, I have not made any difference but if i win my case then I would use it as an example of bais law in india




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



CrPC MASTERCLASS!     |    x