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498a Discussion Forum - View topic - Police can no longer arrest arbitrarily CrPC Amendment Bill
It is currently Fri Sep 24, 2021 4:03 am



Reply to topic  [ 6 posts ] 
Police can no longer arrest arbitrarily CrPC Amendment Bill 
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
The much debated CrPC Amendment Bill 2008, which contained radical reforms in Section 41.1 of the Criminal Procedure Code in the area of powers of arrest by police after the third report of the National Police Commission raised serious concerns on unnecessary arrests by police and told that 60% of arrests by police are unnecessary and are accounting for 43.2% of jail expenditure.

The amended section says,

The police cannot arrest anyone before sending him a NOTICE OF APPEARANCE and in case the accused fails to comply with the notice, the police have to record reasons of arrest in court diary.
Also the accused have to be supplied with an FIR copy, a lawyer of his choice and a proper medical checkup.
In the year 2007, 68 lakh persons were arrested out of which 40 lakh were unnecessary as per the National Police Commission report.

And many other sensational reforms which was a direct hit on the illegitimate income of lobby lawyers and police who used to thrive on the fear of innocent people to go to jail and used to extort them.

As a result lawyers did a lot of protests and under pressure, the Govt, told that the Bill has yet not been notified.

However, that is not the truth. The CrPC Amendment Bill 2008 has been notified in the Gazette of India as per Chapter 9.22 of the Manual of Parliamentary affairs in Ministries as Act No. 5 of 2009 on the 9th January 2009.

This information has been extracted out of the Ministry of Law and Justice by a comprehensive RTI operation spanning months and involving a volley of communication between the RTI applicant, Ministry of Law and Justice and Ministry of Home Affairs.

Also any reports about the act being reconsidered or it yet not been notified/gazetted are thoroughly misleading since it is already an ACT and has been notified as per the RTI communication below.

Please read page no. 6 and 10 in the PDF in the link below.

The detailed RTI Communication is available here

http://aconcernedandawakecitizen.files. ... ct0001.pdf


Source :SIF site

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Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Mon Jul 20, 2009 6:47 pm
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Joined: Sat May 06, 2006 12:42 pm
Posts: 684
Location: Bangalore/USA/Europe
Good RTI work!
But this is not completely good news. Our Governments are not law abiding. They make their own rules. They have given themselves power to DECIDE on the date of enforcement of a law passed by our elected representatives and signed by the President. We can agree that a few weeks of time to start enforcing is OK, but when they just sleep on it, we have say that the whole system is rotten. In which part of the Constitution is it written that the Govt can take its own sweet time to decide WHEN to enforce a law?? Why is it a matter of policy?

The following is from the RTI reply:
However, it appears that the applicant desires to seek information with respect to the enforcement notification, so as to bring the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) into force/operation. In this context, it is to state that the decision as regards the date from which the provisions of an Act has to be brought into force/operation is a matter of policy to be taken by the concerned Ministry administering the subject matter of the legislation. As regards the Code of Criminal Procedure (Amendment) Act 2008 (5 of 2009), the date from which the provisions of same would come into force, has to be decided by the Ministry of Home Affairs (Judicial Cell).”


Mon Jul 20, 2009 8:15 pm
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Joined: Wed Dec 03, 2008 7:41 am
Posts: 301
Hi,
I see that towards the end of the RTI communication reply it was mentioned that the "decision to bring into force the Cr.P.C amendments is a matter of policy to be taken up by the Ministry of home affairs", so the question now remains is 'has the decision to enforce the amendments been taken ?', and if not taken yet so when would that be done, maybe another RTI application is needed to find out this information.

Thanks
Aragon


Mon Jul 20, 2009 8:31 pm
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Joined: Wed Oct 15, 2008 2:51 am
Posts: 215
Hello,
Just wanted to let everyone , I have made RTI to Commissioner of police Bangalore , seeking complainace report by all the police stations in Bangalore city . I request everyone to make more RTI to police .

Rgds
Raghu.S


Tue Jul 21, 2009 2:17 am
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
Hello

can any one suggested me if we ask Govt. under what circumstance this notification was delayed ?. Why Govt is not taking the necessary action for notifying it & when they decided to get it notified it ? Etc .


Can we ask these kind of queuestion from Govt under RTI ?

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Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Tue Jul 21, 2009 4:37 am
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
Mr jain,
you can seek any information available in any form in the government offices.
The Crpc amendement Act has not been enforced yet and is pending with judicial cell for the same that is what can be derived from above post and after the perusal of replies recieved from ministry against RTI application sateted above.


Tue Jul 21, 2009 6:12 am
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