Dr. Avnish Jolly, Chandigarh, 5th January, 2009 :Police now can not make arrest in an alleged offence for which minimum stipulated punishment is less than seven years merely on suspicion under the passage of Criminal Procedure Code (CrPC) amendment Bill, 2008 by the Parliament in December – 2008, police role in arresting a person has been redefined and restricted.
Arrests can only be made on reasonable complaint and credible information now, the amended procedure says.The amendment to the CrPC follows the 177th report of the National Law Commission (NLC) wherein it was suggested that certain changes in the provision related to power of arrest be made to check sanctity of Fundamental rights of the citizens in the country. This amendment has not only incorporated these suggestions but also taken care of the detailed guidelines of Supreme Court given in the famous DK Basu versus State Case.
Even the Police Commission had opined that about 60 per cent of the arrests made by the police are unnecessary and could be avoided. The police will now have to serve notice to the suspects to appear before it instead of outright arrests.
It not only infringes upon the fundamental rights of the citizen enshrined in the constitutions but also increases burden on jails. According to NLC an estimate such arrests increases the burden on jails up to 43 per cent, the report describes.
It is a land mark in the Legal History and Human Rights, police has got this tool to arrest without warrant is more misused than used, there should be no exception to this rule and no arrest should be made without inquiry and submission of charge sheet. The accused in normal crime should be given change to protect without arrest being made.