By S A Ishaqui
Hyderabad,March 1: The much-awaited amendments to the Criminal Procedure Code have delighted human rights activists and irked the police and lawyers.The CrPC came into existence in 1898 and several amendments were made in 1973.
However, the second major attempt by the Centre to overhaul the code has become controversial. It has been approved by the both the Houses of Parliament as well as the Union Cabinet.A notification is expected any day.
There is more stress for human rights in the amended CrPC. Under section 41 of CrPC 1973, a police officer could arrest a person for a cognisable offence without an order from a magistrate and without a warrant.But once the new Act comes into force, police cannot blatantly arrest people for cases ranging from economic offences and dowry harassment where the punishment is less than seven years.
The amended Section 41A says that the police officer should issue a notice summoning suspects and can arrest them only if they do not appear or accept the notice.The new Act also says that the police cannot arrest a person involved in a non-cognisable offence without a warrant.
Further, names of arrested persons should be displayed on the notice boards of police control rooms in all districts.The amendments entitle the arrested person to meet an advocate of his choice during interrogation.
Civil rights activists argue that the new amendments will eliminate the chances of illegal detention and custodial torture.However, police and lawyers say that such clauses will embolden criminals and create a law and order problems.
“The wealthy can make use of this loophole to escape and the poor would be arrested,” said Mr K. Pardhasaradhi, secretary of All-India Lawyers’ Union.In fact, several of the amendments limit the power of arrest enjoyed by the police.
The amended text says that “arrests can only be made on reasonable complaint and credible information”.On the other hand, lawyers have opposed the amended Section 309 of the CrPC saying that it takes away some rights of the accused.
The Centre amended the code based on the recommendations of Justice Malimath committee and the suggestions and observations made by Supreme Court in the famous D.K. Basu case.
Further, the National Law Commission asked the government to make changes in the arrest procedures.The National Police Commission has also said that about 60 per cent of the arrests made by the police are unnecessary and could be avoided.
The Centre’s move to redefine the CrPC has also created a stir among the Chief Ministers.To assuage them, the union minister for home, Mr P. Chidambaram, wrote a letter explaining the reasons for the amendment. He also assured the Chief Ministers that the government was ready to revisit the new provisions if necessary.
Clauses to favour woman
The amended CrPC directs that the police should question rape victims below the age of 18 in the presence of their parents or a social worker of the locality.As per the amended provision, police should investigate cases relating to rape of children within three months from the date on which the first information report was filed.
Another provision inserted in the new Act is that trial in rape cases should be conducted ‘in camera’ and that the judge or magistrate should be a woman as far as possible.
There is another provision which bars courts from granting adjournments in rape cases without specifying the circumstances.
The Centre has proposed an amendment to Section 416 of the code enabling courts to postpone death sentence or commute it to life imprisonment in case the accused woman is found to be pregnant.
The amended code also addresses the recent trend of witnesses being forced to turn hostile by the accused parties, who are influential, rich and powerful. It points out that victims are the worst sufferers in a crime and they don’t have much role in court proceedings.
They need to be given certain rights and compensation, so that there is no distortion of the criminal justice system, says the amendment.
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