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Police Power Restricted in India
By Raghavendra Rao of Poornaprajna Cyber Quest
Based on the recommendations of the Law Commission, the Lok Sabha recently passed an amendment to the Code of Criminal Procedure 1973 that restricts police from arresting people suspected of committing an offence that attracts punishment of imprisonment for seven years or more. This amendment protects citizens’ right against the arbitrary exercise of arrest powers by the police and is in consonance with the guidance laid down now and then by the Honourable Supreme Court of India in many cases. In terms of this amendment, police cannot arrest a person suspected of having committed a crime which carries a punishment of less than seven years merely on the ground of suspicion. If arrests have to be effected in such cases, the police have to follow the procedures laid down in the amendment which makes it difficult for the police to pick up any suspect and arrest him or her even for minor crimes. If at all, the police may ask a person to appear before it or elsewhere as part of the investigation, but cannot arrest him easily. Cry of the citizen was that Section 41 of the Code of Criminal Procedure which empowers police to arrest any person without warrant or order from the Magistrate who is reasonably suspected of concerned in any cognizable offence was being misused by the police. The National Police Commission has observed that 60 per cent of the arrests made by the police in the country are unnecessary. Therefore, the amendment which removes subjective considerations as ground for arrest and also make humane treatment of arrested persons mandatory is timely. This amendment demonstrates in no uncertain words that the presumption of innocence is more important than the suspicion of guilt. This logic is notable in the backdrop of demand for harsher laws in every sphere. Police need to be told loud and clear that they should shed the tendency of resorting to arrest and torture as a method of investigation of cases or for other purposes. Undue harassment, torture and ill-treatment have no place in a civilized society. Indian Penal Code, 1860 provides for punishment of imprisonment for less than seven years in certain offences against public tranquility like unlawful assembly, promoting enemity between classes (Chapter VIII), offences by or relating to Public Servants like taking gratification, disobeying directions of law, personating a public servant etc. (Chapter IX), offences relating to elections (Chapter IX-A), contempt of lawful authority of public servant like absconding to avoid service of summons, knowingly furnishing false information, threatening a public servant etc. (Chapter X), offences relating to weights and measures (Chapter XIII), offences affecting public health, safety etc., like selling noxious food and drink (Chapter XIV), offences relating to religion like damaging place of worship, insulting the religion (Chapter XV), cruelty by husband or relatives of husband (Chapter XX-A), defamation (Chapter XXI), criminal intimidation, insult and annoyance (Chapter XXII). This list is not exhaustive. In order to handle the persons who are accused of having committed offences of the nature listed above, it is necessary to impart thorough training to the police and change their mental approach towards the problem. An accused person should be treated as a human being first and then as a criminal. There are several ways of getting information from a person however hard core criminal he is. It is a common complaint that the police become emotional and offensive as soon as an accused person is taken into their police station. This attitude has to be erased. When the police are successful in eliciting information and evidentiary proof from him, the judiciary is there to deliver justice. Police should be prepared to adopt themselves to the spirit of law and be more courteous and humane towards accused persons. To be effective in the society, the new law should be publicized by the authorities through mass media of communications.
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May, 2012
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