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LATEST NEWS UPDATES | Police making 'arrests' without following law: Legal experts by Abhinav Sharma

Police making 'arrests' without following law: Legal experts by Abhinav Sharma

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published Published on Aug 17, 2011   modified Modified on Aug 17, 2011

Anna Hazare's arrest has raised intricate legal questions about the fundamental right to assemble peacefully. At the same time another right is being questioned. According to the legal experts, police in most states are making illegal arrests due to complete ignorance that the procedure related to arrests was amended on November 1 last year. Police must now issue a notice of appearance before making an arrest of a cognizable offense.

The police in most states other than Delhi, Hyderabad, Karnataka and Kerala, are unaware of the changes that have been made. Section 41A under the Criminal Procedure Court (Cr.P.C) forbids the arrest of cognizable offenses that carry a seven year imprisonment sentence, without issuing a notice to the accused.

The state police chief in Rajasthan DGP Harish Chand Meena is now prepared to enforce the amendment. "It is a central amendment and the police has to follow it. It will bring respite for the police as well as common public at large in many cases," said DGP Meena.

According to the newly introduced provision of section 41A of Cr.P.C any person alleged to have committed the following - Cheating, Harassment of dowry by husband and relatives of husband, attempt to commit robbery, attempt to commit culpable homicide, extortion and death cause by negligence etc. - cannot be arrested without being issued a notice

Even agencies like CBI, Anticorruption bureaus etc. must now follow the amended section 41A act.

The amendment will be a new light for the justice system and for fair investigation and prevention from malicious prosecution. The aim and objective behind the amendment is to prevent the coercive actions against any innocent person who may be falsely implicated in a cognizable and non-bail able offence.

The Times of India, 17 August, 2011, http://timesofindia.indiatimes.com/india/Police-making-arrests-without-following-law-Legal-experts/articleshow/9637562.cms


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