This is about due process in India…
The CrPC amendments are the codification of the Indian Supreme Court’s orders on arrest and the procedures to follow upon arrests. I see the end of the 498A extortion industry.
You can read more about these amendments here.
Kerala Police Circular on CrPC Amendments
Here are the CrPC amendments:
Here is the notification in the Gazette with date of enforcement:
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Propublica: Publc Interest Journalism
At last the changes have been effected.Thsse should be given wide publicity
Can you explain this in simple language ? I got your mail about this amendment since I subscribe to this blog – however, I do not get the full impact.
It appears that one will no longer be arrested if one is willing to appear in court. Is this true ?
The date of this amendment is 2 nov 2010 but I got your mail only today in jan 2011 – does this mean that the government delayed the publication of this notice ?
A NBW warrant was issued three years ago – will that now be cancelled ? If not, automatically , is there a process for this now ?
There is also no mention in the press about this. Can you pl. elucidate , what this implies for fresh and old cases ?
Thanks very much.
@affected…
If there is already an NBW against you, this amendment would not be of much help to you. You need to appear in court and get regular bail. This notification should help people like you in the first place in avoiding NBWs issued against yourselves by corrupt magistrates in collusion with the corrupt police.
After this notification, police cannot arrest a person upon mere registration of an FIR against that person. If the police were arrest an individual (or not arrest a person) against whom an FIR is registered, the police have to record the reasons in the police diary. These entries are subject to RTI and to judicial scrutiny.
Now, it is upto the individual citizens to stand up against the police/judicial tyranny and stand up for their rights.
Thanks for your kind explanation. A matter of pity that the vast majority of people who fled residences to avoid this 498A related arrest will not get relief.
It is a matter of great relief that citizens now can face a 408A case squarely. They can go to the police station and give their statement. Upon which if the police then wishes to take them into custody the police will have to go to a magistrate and then get an arrest warrant.
Is this a correct assumption ?
Once again , Kris , many thanks for your kind clarification.
Can I send you a personal email ?
Thanks
Can you kindly give
a)a list of states where this is compoundable ?
b)give a chapter on how the case has been withdrawn successfully ? If the wife is ready to withdraw , then how to do so without having to appear in court ?
Thanks.
Can you kindly give
a)a list of states where this is compoundable ?
b)give a chapter on how the case has been withdrawn successfully ? If the wife is ready to withdraw , then how to do so without having to appear in court ?
Thanks.
Reply
Sorry, I do not wish to go off-topic ; how to contact you otherwise ?
Here is something interesting
http://www.lawyersclubindia.com/forum/Re-Re-How-to-withdraw-498a-Without-consent-of-husband-26059.asp?1=1&offset=4
The case of B S Joshi vs State of Haryana, AIR 2003 is interesting in this regard. The case was about the matter related to Section 498A, which is non-compoundable offence. In this case, the parties reached a compromise but the High Court refused to quash the FIR, on the ground that the offence is non-compoundable. However, SC held that in the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code, such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulate and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. It further observed that in this case, the parties were not asking for compounding the offence but for quashing the FIR. It observed that since because of the amicable settlement, there is no chance of conviction and in such a case the court has the power to quash the proceeding.
Does this mean that if the wife is ready to withdraw 498a case it will work ? Is there hope ?
KIND ATTN EXPERTS/SENIORS,
I WANT TO KNOW WHETEHR CRPC AMENDMENT 2010 HAS BEEN NOTFIED BY GOVT IN THE OFFICIAL GAZETTE. IF NO THEN WHEN IT IS EXPECTED AND WHEN IT WILL COME IN FORCE.
ASHIS
I still do not understand it completely. Again, as someone asked, can it REALLY prevent police from arresting just after FIR? Can police still find loopholes in this? I am another victim of 498a, I am in US, and the main accused. My whole family in India (with whom she lived less than two weeks) has been accused of torturing, harassing, beating and what not for DOWRY. She also writes in FIR that I tried to kill her for DOWRY and ends the FIR with ‘She is left with no other option due to this than to end her life’, whereas she is actually enjoying in US right now, looking to settle there, which was the ONLY motive she married me for.
Hello, another Victim. Please see http://www.voice4india.org/2010/03/19/code-of-criminal-procedure-amendment-bill-2010/ and linked pages at the bottom. Also consult an impartial legal adviser.
(Adding to the above post) What if the police has already come once to our house to threaten us to call all of us to India, otherwise he said he would put everyone in jail.
As I understand after notification of above mentioned CrPC amendments under section 40 and 41, there are 2 distinct cases. 1. Where arrest is required to be made and other 2. Where arrest is not required to be made. IO decides in which category your’s fall. In both cases he is required to justify and must obtain appropriate orders from Senior Police officer of designated rank. Now after this amendment decision making shifts to Senior level. What is the time frame to obtain appropriate orders? How ‘This effectively ends the 498A extortion industry’ is not clear. Will the administrator explain?
The Rajya Sabha has made valuable recommendations
http://164.100.47.5/newcommittee/press_release/Press/Committee%20on%20Petitions/Press%20release.pdf
What do you think of them ?
Sir can I get a response on following :
FIR in question is quashed after main accused 1 and 2 and complainent entered in to compromise and High court Quashed the FIR and all proceedings, subsequently lower court send file to record room.
later complainent manipulated and wen trying to correct the date of order, got correction done n main order and put a word Qua the Peritioner, and Now lower court with that amendment has send Bailable warrant to appear in the lower court against accused 3 and 4
what stand do we take…. to proceed further action.