A Concerned And Awake Citizen

A blog about how the Stupid Common Man sees the system

Police can no longer arrest arbitrarily

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,

  1. 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.
  2. 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.

MHA Confirmation on CrPC

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July 19, 2009 - Posted by | citizens, corruption, Government, transparency | , , , , , , , , , , , ,

4 Comments »

  1. Amazing persevarance. Thanks for opening our eyes and ears to this blatantly miused dowry laws and arrest act. Sometimes, actually manytimes many of us donot even know how to go about such things. People are paraded foolishly around government offices and made to run around or given lame and misleading excuses. Let us keep fighting. May god bless you.

    Comment by swaroop reddy | July 19, 2009 | Reply

  2. Mahatma Gandhi’s struggle for freedom was initiated in Africa with a challenge to British unjust law of discriminations. Today the Indian Government is passing discriminetary laws, and oppressing citizens & families. We the will and motivations of our freedom fighters to oppose such laws.

    Comment by Jagat Kishore | July 20, 2009 | Reply

  3. […] opposed the law and even after it was passed, it was not implemented. I drove a sustained RTI campaign against it to ensure it gets implemented. Today, this amended Section 41 (1)(a) CrPC is a relief to […]

    Pingback by Me and men’s rights | Fight for Justice | May 1, 2014 | Reply


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