Chidambaram promises law on CrPC in a year

The 1973 legislation has become "very old"

PTI | August 27, 2010



A comprehensive law on Code of Criminal Procedure will be brought within a year as the code had become "very old", Home Minister P Chidambaram said in the Rajya Sabha today.

"I agree that there should not be a piecemeal approach. I have written to the Law Minister to have a comprehensive legislation on this. The report of the Law Commission (on the Code) should come in a year," he said.

Chidambaram was replying to a debate on the Code of Criminal Procedure (Amendment) Bill, 2010 which was passed by the House by voice vote. The Lok Sabha has already approved the bill.

The Home Minister said said the present legislation came in 1973 and has become "very old".

The bill is aimed at making it compulsory for the police to record the reasons for making as well as not making an arrest in respect of a cognizable offence for which the maximum punishment is up to seven years.

Prior to the amendment to Section 41 of the CrPC Act, the law said a police officer "may" record reasons of arrest or non-arrest of a person.

According to the amended bill, if a person is not arrested in a non-cognizable offence, police will have to issue notice to him to join investigations.

The amendment, making it mandatory to issue notice for joining the investigation, is to ensure that the person does not delay the probe by not cooperating.

Chidambaram said the Code of Criminal Procedure has already been amended but was not notified as some Bar councils had made a representation in this regard.

The Home Minister said he met representatives of Bar Councils and wrote to the Chairman of the Law Commission in this context.

"It is not an expansion of discretion (of police officials) but a restriction on discretion," he said.

He also said a person arrested can go to court and say that the reason of arrest is absurd and get bail.

Chidambaram said if a person fails to comply with the notice (of the investigating agency) or is unwilling to identify himself and give his name and address, he will be arrested on the spot. .

Earlier, participating in the discussion, members including those from ruling Congress, expressed concern over "dangerous powers" being given to the police through the amendment to the Code of Criminal Procedure Act.

"I feel very very dangerous powers are given to the police," E M Sudarasana Natchiappan (Congress) said.

Agreeing with the Congress member, K N Balagopal (CPI-M) said though the proposed amendment in the CrPC is "technically good and correct", it can work only in "laboratory conditions". It would give arbitrary powers to the police, he said.

Avinash Rai Khanna (BJP) said though the intention behind the amendment bill is good, there were practical difficulties to avoid misuse of powers given to the police.

Others who participated in the debate included Narendra Kumar Kashyap (BSP), Paul Manoj Pandian (AIADMK), A A Jinnah (DMK), Baishnab Parida (BJD), R C Singh (CPI), Kumar Deepak Das (AGP) and Rama Jois (BJP).

Comments

 

Other News

How social media is reshaping elections

Since Brazil’s return to direct presidential elections in 1985, no candidate who finished second in the first round of polling had ever won the presidency. Luiz Inácio Lula da Silva, now 81, has just done it. What explains the comeback, and what changed in Brazilian politics to make it possi

Cabinet approves Dearness Allowance, Dearness Relief

The union cabinet chaired by prime minister Narendra Modi on Wednesday approved the release of an additional instalment of Dearness Allowance (DA) to central government employees and Dearness Relief (DR) to pensioners with effect from 01.07.2026 representing an increase of 3% over the existing rates of 6

Cyclone Arnab strikes Andhra as warming oceans amplify storm risks

Cyclone Arnab made landfall along the Andhra Pradesh and Yanam coasts in the early hours of Wednesday as a very severe cyclonic storm, with maximum sustained wind speeds of 125–135 kmph and gusts reaching 150 kmph. Its rapid intensification has raised concerns about how warmer oceans, global warmin

Counting matters but which ones?

The first instinct of public policy is to count. Its harder task is to count what counts. We have become remarkably good at measuring the reach of the welfare state vis-à-vis beneficiaries covered, rupees transferred, houses built, connections installed and services delivered. But some of the most

Inching closer to a trade deal with America

The cooperation between India and the United States goes back quite a time. We need to relegate that era to the backburner when Pandit Jawaharlal Nehru visited US in the times of president Dwight Eisenhower and called the American let-off of 10 million dollars in defence aid to Pakistan as a “gun w

Manch vs Musk: Forty people and a foreign billionaire

About forty people walked the roundabout on Teen Murti Marg to the gate of Chanakyapuri police station, a distance you could cover in under a minute, on Friday to protest against Elon Musk’s Starlink. The walk was called by the Swadeshi Jagaran Manch. Nobody joined them on the way, and nobody seeme

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter