The Parliamentary Standing Committee on home affairs has given its nod to the Code of Criminal Procedure (amendment) Bill, 2010, which aims to streamline the powers of arrest of the police. The bill entails a significant amendment to Section 41 of the CrPC making it “compulsory’’ for the police to record in writing its reasons for
arresting as well as “not arresting’’ a person accused of committing a cognisable offence that carries imprisonment that can be extended up to seven years. This means the police cannot make needless arrests or, under pressure or duress, let go people who may be wanted in cases. The 31-member committee, headed by BJP leader Venkaiah Naidu, criticised the government for bringing amendments “in bits and pieces’’.
The Committee also approved an amendment to the Section 41(A) under which the police will get powers to arrest a person when he/she fails to comply with terms of notices sent by the police for questioning. The Committee said, “At any time, a person, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may on orders of a competent court arrest him for the offence.”
The parliamentary panel heard out various opinions before allowing the changes as originally suggested by the Union home ministry. It said “…..Since the recommendations of the Law Commission have been incorporated in the bill and there appears to be unanimity amongst the legal community on the proposed amendment, the committee recommends that the bill be passed”. The bill will now be placed in the Parliament for its approval.”
The committee said there was an imperative need to reform and rationalise the criminal law of the country by introducing a comprehensive legislation in Parliament instead of bring amendment bills in “piecemeal’’ fashion. The CrPC has been amended ten times since 1973 and the committee termed this as “Adhocism” of the Government.
It also advised the home ministry to circulate the draft National Policy on Criminal Justice maintaining there was a need to set in motion a debate on the subject both inside and outside Parliament to help the government finalise the National Policy.
Prof N.R. Madhava Menon has submitted a report to the government containing the national criminal justice draft policy.