MHA unsure on notifying CrPC amendments
With a section of lawyers across the country continuing protests against the amendments to the Criminal Procedure Code...
With a section of lawyers across the country continuing protests against the amendments to the Criminal Procedure Code (CrPC),the Union Home Ministry is doing a rethink on whether or not to notify the amendments.
This comes after recent reports about accused in some high-profile cases,including the Mangalore pub attacks,being released from custody under the amended law.
Lawyers are opposed to the amendments on the ground that it gives discretionary powers to the police not to arrest a person involved in an offence having maximum sentence of seven years. This discretion,lawyers claim,is misused by the police to shield the influential.
According to sources,the amendments received the Presidents assent on January 7 and were published in the gazette two days later. However,since then,the ministry has not been able to decide whether to notify them.
One of the amendments does away with the mandatory arrest provisions in the offences punishable with a prison term of up to seven years. This means no arrest will be required for cognizable offences such as molestation,dowry harassment and robbery attempt.
The amendments aim is also to bestow upon victim of a crime right to file an appeal against a court order acquitting the accused or convicting the accused for a lesser offence.
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