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Minor Offences: Government Eases Punishment, Arrests To Be Made Only After Conviction
If the government has its way, petty and non-habitual criminals like thieves, cheats, those accused of causing minor hurt and those involved in rash and negligent driving not leading to death among others -- which attract less than seven years of imprisonment -- may not be arrested unless convicted for their crimes.
The provision is one among a series of changes approved by the Union Cabinet on Thursday. The changes will be incorporated in the CrPC (Amendment) Bill 2006 which is likely to be brought in Parliament during the monsoon session in July-August. Making arrest the "last possibility" in cases of minor offences, the Cabinet pitched for amendment in section 41 of CrPC (relating to power of police to arrest) so that the powers to arrest "must be exercised after reasonable care and justification" that such arrest was necessary and required under the section.  Though the changes do not completely rule out arrest, the police will have to provide justification on four counts before bringing any suspect to the lock-up if his/her crime falls under non-cognizable offence. Under the provision, the offender can only be arrested if the police thinks that the accused may run away or he/she may commit the crime again or he/she may not appear before the cops during investigation or may disrupt the probe by any means if he/she remained out of the lock-up. Click on "Full Story" For More... By Dr arvind, Section News Posted on Sat May 03, 2008 at 01:26:18 AM EST
The amendments, as explained by officials, will serve the twin purposes of "sparing minor and non-habitual offenders from the lifelong stigma of being in jail" and of reducing the number of undertrials languishing in prisons.
Currently, 66.2% of the prison population in India (358,368) is made up of undertrials -- of which nearly onefourth are those arrested for petty offences. Besides making certain changes in section 41 of CrPC, the Cabinet also approved the proposal to insert four new sub-sections (41A, 41B, 41C and 41D) -- giving a wide range of protection to people if at all they are arrested for petty offences. Section 41A provides that the police officer may, instead of arresting the person concerned, issue a notice of appearance requiring him to appear before the police officer. Section 41B lays down the procedure of arrest and duties of an officer making arrest. Section 41C requires the state government to establish a police control room in every district and at the state level where the names and addresses of persons arrested, nature of offences with which they are charged and name and designation of the police officers who made the arrest are to be displayed. Finally, Section 41D makes provisions for right of the arrested persons to meet an advocate of his choice during interrogation, though not throughout the interrogation. Source: Vishwa Mohan From Times News Network, May/03/2008
Minor Offences: Government Eases Punishment, Arrests To Be Made Only After Conviction | 0 comments (0 topical, 0 hidden)
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