Monday, July 20, 2009

CrPC Amendment Bill 2008, Police cannot 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.

Read details here including link to the RTI response from Ministry of Law & Justice
Police can no longer arrest arbitrarily

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