— Nikhil Sharma Nagpur
Off the cuff
The recent amended provisions in the Criminal Procedure Code (CrPC) stipulate that no arrest be made by police in those cognisable offences where the maximum term of punishment is seven years or less, but what would happen if an offence under this category is classified as “non-bailable”? Would the police issue a “notice of appearance” instead of arresting a person accused of such an offence? It would make the provision of seeking a bail from a competent court in such offences redundant. This aspect should not have been overlooked while amending the CrPC. No doubt, the arrest should be made only in exceptional circumstances as also has been observed by the Supreme Court time and again; but without comprehensive amendment worked into all the relevant statutes the new provision will not take us very far.
— Hemant Kumar
Ambala