Liberal Criminal Procedure Code comes into effect - lawyers and Police not happy

President okays 7-year hitch for arrests
19 Jan 2009, 0048 hrs IST, Vishwa Mohan, TNN

NEW DELHI: The recently-revamped Criminal Procedure Code, which divests police of arrest powers in cases where maximum sentence is upto seven

years, become law with President Pratibha Patil finally giving her assent last week.

The presidential assent, which came nearly three weeks after the bill was sent to her after getting it passed from Parliament, has now paved the way for the government to notify it.

Once the law, CrPC (Amendment) Act 2008, becomes effective, the police, instead of arresting the accused, will be obliged to issue him/her a "notice of appearance" for any offence punishable with imprisonment up to seven years. The person can be arrested only if he/she does not appear before the police in response to the notice.

Seven years or less is the maximum penalty for a host of offences, including attempt to commit culpable homicide, robbery, attempt to suicide, kidnapping, voluntarily causing grievous hurt, cheating, outraging a woman's modesty and death caused by negligence. more

The radical change in the CrPC has, however, drawn flak from a number of Bar associations across the country. Lawyers -- who also observed strike in various courts after the bill was passed in Parliament -- argue that the amendment (in Section 41) doing away with mandatory arrest provisions would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty.

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CrPC amendment Bill is seen as a setback by certain senior police officials who readily

admit they are ill prepared to implement it.

One senior officer went to the extent of saying: "Delhi is not ready to usher in such liberal and revolutionary changes." However, the top brass put up a brave front saying the amendments would be implemented in "letter and spirit". more