Sunday, March 15, 2009

Government, Amendment and peasants

The Following ‘Code of Criminal Procedure (Amendment) Act, 2008’ is enacted by the Parliament. Assent is given by the President. But, Notification is withheld by the Government under the illegal pressures from the Advocates. Why? What is wrong in the amendments? Amendments are meant to ensure justice and expeditious delivery of Justice. A question should be answered that whether small number of the Advocates are more important for the Government in comparisons to larger number of possible beneficiary from the amendment?

BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:—
1. (a) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2008.
(b) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.
2. In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted, namely:—
‘(wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir;’
3. In section 24 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:—
“Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.”.
(Analysis: Victim as a complainant earlier not have right to appoint his own Advocate, as a result a habit is developed amongst most of the Government Advocates to compromise with the accused, under criminal conspiracy.)
4. In section 26 of the principal Act, in clause (a), the following proviso shall be inserted, namely:—
“Provided that any offence under section 376 and sections 376A to 376D of the Indian Penal Code shall be tried as far as practicable by a Court presided over by a woman.”.
(Analysis: Rape related matters are compulsorily would be tried by a Court presided over by a women.)
5. In section 41 of the principal Act,— (This provision needs immediate notification)
(i) in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:—
“(a) who commits, in the presence of a police officer, a cognizable offence;
(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured; and the police officer shall record while making such arrest, his reasons in writing.
(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;”;
(ii) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.”.
(Analysis: Police can arrest a person only, when aforesaid conditions allowed him to arrest. This amendment will affect the present syndicates between “Unethical-Advocates+Corrupt-Police-Officers+Corrupt-Judicial-Officers”. In most of the cases of arrests, even in the cases of murders, bails are granted, if charge sheets are not filed within 90 days. So under the existing law, arrest never helps, any way in adjudication of the case. People who involved in serious crimes, which mostly committed by powerful and influential peoples, gets bail without any hinders. This amendment will save most of the time consumed by the Police to arrest the accused persons, saved time can be used for proper investigations, and trials, at present which is most isolated area of the criminal justice delivery system. Thus in the crimes of serious nature, the successful results to justice to the victims is just 5-6%) (Read the provision of issuing a notice against the accused in next post.)


नीरज कोहली said...

मैं आपसे स‌हमत हूं। स‌रकार को तुरंत इसकी अधिसूचना जारी करनी चाहिए, ताकि वकीलों और पुलिसकर्मियों के बोझ तली दबी जनता को कुछ राहत मिले। हमें मिलकर इसके लिए आवाज़ उठानी चाहिए।

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