CrPC Sec 41 Amendment Maybe The Law Someday

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Jun/14/09

The amendments are on hold due to sustained opposition by some of the beneficiaries of arbitrary arrests, the lawyers. They consider this “anti-lawyer” as they will lose a huge revenue stream due to the cut back in bail applications, once the gazette notification is issued.

Regardless, please remember that the CrPC amendment to Section 41, is the codification of Joginder Kumar Vs State of UP, 1994. This judgment clearly states that an arrest is an exception and that an arrest should only be made in heinous crimes and that too only after an investigation and must be justified. Please download this judgment and keep a copy with you if you fear an arrest by the police for any reason:

Joginder Kumar Vs State Of UP – 1994

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The amendment to Section 41 of the CrPC has been signed into law by the President Of India.

As soon as the gazette notification is issued, no person can be arrested under 498A by the police without an investigation.

This is what the new Home Minister had to say:

“Referring to Section 41 of the Act, Chidambaram said in his letter, “This provision was severely criticised as capable of being misused and, in fact, was being misused.” To substantiate his point, he advised CMs to refer to reports of the Law Commission and the Malimath Committee and also the judgment of the Supreme Court in D K Basu case which laid down guidelines for effecting arrest. “

It is not just DK Basu Vs State Of WB, Joginder Kumar Vs State of UP has what has been codified into the CrPC amendment. This is an action that has been long overdue.

Bar associations across the country have been protesting under the pretext that these CrPC amendment (Section 41, CrPC), doing away with mandatory arrest provisions, would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty.

What the bar associations will never tell you is that the police never had the power to make such arrests and that arrest is an exception and not the norm.

The fact is that by law,  it is the seminal  judgment of the Supreme Court, Joginder Kumar Vs State Of UP,  that governs arrests in India.

The reasons the bar associations are giving for protesting against the CrPC amendments, such  as criminals not fearing the law and other such excuses is just plain bullshit.

They are giving their game away by saying with the same breath that these amendments are anti-lawyer and will reduce their income. Really !

How low can you get?

For a measly few thousand Rupees, these lawyers want to have entire families entangled in the corrupt criminal justice system for years !! Talk about ethics!

“Among the grouses of the lawyers is that the law if enacted will eat into their work substantially reducing their income. A sizeable income of the lawyers is generated by Bail related works.”

Now you know why these lawyers are protesting so that they can get bail related gravy. How about doing an honest days work for a change?

In reality, this amendment does away with the need to get bails and anticipatory bails,  a rich source of revenue for the lawyers, the dirty Indian cops, some filthy lower court magistrates and public prosecutors.

To see what I mean, take a look at the NCRB stats about the women arrested under 498A. If the SC guidelines had been judiciously followed, do you think so many men, women or children would have been arrested? Click here to look at the stats.

The CrPC amendments effectively signals the end of using 498A for extortion as the cops can no longer use arrests for extortion. Also remember this, the cops never had the power to arrest without cause or justification.  Hence, almost all 498A arrests have been illegal detentions.

This is a significant win for all who are fighting against the tyranny on men and their families imposed by this law, IPC 498A.

The Indian Feminazis are so stupid that they did not foresee the immediate consequence of this law or they would have been up in arms. I saw this coming and kept my mouth shut in order to not draw any attention to this beneficial side effect in the fight against 498A. The stupidity of the Feminazis can be guaged by the fact that they are ignoring the basic tenet of the Constitution, Habeas Corpus or the right against arbitrary detention, which this amendment codifies into the CrPC. They can try to change the Constitution Of India if they are unhappy about these amendments.

PS:

Should the govt decide to reverse course and allow arrests under 498A, I would be very happy. Why ?

The reason being that more Swarup Sarkars will emerge to bash the Feminazis and roll back the gains they made.

So Indian Feminazis, please do your best to roll back these amendments !

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