Build your professional network on facebook via our app Go to app
 
<< Prev  3 of 24 in Topic  Next >>
Posted in Community :

Business and Law

 
Created by : arun kumar, Examiner of Trade Marks, , trade marks registry  | 01 24 2009 10:14:45 +0000
Industry : LawFunctional Area : India(Markets)
Activity:  727 views;  last activity : 07 06 2010 20:18:09 +0000

In the recent development, it is proposed to amend Criminal Procedure Code in India inter alia with the provisions to introduce a discretionary powers to the polce to grant bail in a case, in which the punishment for the offence committed is provided upto seven years. Now the question remains how it will effect the society as such? and further, If it is going to effect the legal profession as well.

 
Share
 
 
  Rate : 
 
 
Yes Vs No
8
 
 
 
 
3
3
3
Support   Support
Top Argument
4
0

The amendment is the relief to common man. It will definitely help to curb misuse of powers by the police. The amendment is in consonance with Art-21 of The Indian Constitution and it will definetly help to protect the citizens right to life and personel safety/liberty. The amendment will help the citizen to avail sufficient time and opportunity to consult the lawyer of his choice. It will on the other hand srengthens section 50 of the code of criminal procedure, 1973.


By s d g, Judge Advocate, Judge  01 25 2009 14:29:02 +0000
 
Top Argument
3
0

Dear Sanjay, your opinion is valuable and I feel that you are very much concerned about the prevailing situation of the Women, children and old aged persons in our society and the treatment given by the law enforcing bodies to them. However, I would like to convey to you that there are lot the statutes, in which there are strict guidelines for the proper dealings of at least Women and children. For the protection of juveniles there is Chile Protection & Juvenile Justice Act. Accordings to the provisions of the Act, every person below the age of 18 years, who has committed any offence, must be brought before the Juvenile Justice Board or call it Children Court. These are not courts as seen by common man, rather a sort of rehabilitation centre. If there be any need of the children by the court or investigating agency, these children are not  sent to jail, but to some centres, which works like a rehabilitation centres. So long as women are concerned there are lot of provisions in Cr.P.C. itself which provide ample comfort to arrested women. A women in normal circumstances cannot be arrested between sunset and sunrise.  The arrested women are sent to Nari Niketan if the court is not ready to grant bail to them. Your apprehension regarding misuse of provision of 498-A of IPC, I think is unfounded one, as the origin of such kind of cases is always through a woman. I would also like to bring to your kind notice that there are offence in our society which the severe one, though sufficient imprisonment clauses for the same have not been provided in the law e.g. 354 IPC for which the punishment is upto 3 years and any persons can get away on bail after outraging modesty of a women. What about culpable homicide not amounting to murder or instigating for committing suicide. Most of the crimes committed and punishment provided in stuatues other than IPC are having the provision of punishment for imprisonement less than 7 years. So all in all the proposed amendement in Cr.P.C. requires reconsideration by the Govt.


By arun kumar, Examiner of Trade Marks, , trade marks registry  02 09 2009 05:30:55 +0000
3
1

The amendment of Cr.P.C. Is need and requirment of society. Because some time police arrest woman,children,old or sick person and detained 24 hours police custody in police station.It is difficult for woman, children,old and sick man to remain 24 hours custody in police station.Some time police misuse power. I.P.C. 498(A), 323,504 offence punishment is less than seven years.


By SANJAY SHANTILAL BRAHMBHATT, Other Legal/Law, Gujatat Govertment  | 02 08 2009 16:03:28 +0000
2
0

Sir,

I fully agree with the view of Mr. Arun Kumar. There are provisions in the existing law protecting the rights of children, women, sick, old and infirm citizens. Even I had conviced a Ld. Magistrate, when an infirm old person was arrested in an offence u/s: 326 and bail was granted under the existing provisions of Cr.P.C.. The amendment gives more discretionary powers to police, this will become a source of more corruption among police. The police will apprehend a suspect and bargain for granting bail since the discretion is left with the police. I have instances when the police on arresting a persons suggests to engage a particular lawyer if the bail is to be secured other wise stongly opposed. There are instances when case diaries are manipulated to facilitate or otherwise to a suspect in securing bail.

The amendment should propose that in the event of an offence punishable for less than 7 years, the police should produce such suspect immediately before a Magistrate and the discretion be made available to the Magistrate to grant bail on such terms and conditions as the Magistrate may deem proper wihout being influenced by the say of the police. The considerations must be lenient and only availablity of suspect to face trial be given prime consideration.

The amendment will project the problem of policing the police that means who wil police the police?


By Ashfaq Shaikh, Private practitioner/Lawyer, Legal & General Group  | 03 12 2009 15:53:57 +0000
0
0

Not going to effect as the society will be effected in widespread manner.


By arun kumar, Examiner of Trade Marks, , trade marks registry  | 01 24 2009 10:14:45 +0000
 
Viewers also viewed
NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE MOBILE.09325226691, 09271971251...
 
24 referals 17 comments, 10763 views
Veteran Tamil Actor Manorama says that the marriage couples should be made to take potency tests...
 
174 referals 44 arguments, 1945 views
In India, these days, rape cases is found in daily news. We can see many cases like these in...
 
517 referals 141 arguments, 3930 views
more...  
Recent Knowledge (3)
WE HAD A GOOD NUMBER OF INVENTORS WITH GREATER VISION ABOUT THE SOCIETY. INVENTORS HERE NEED NOT...
 
2 referals 2 arguments, 97 views
These days as I switch on the tv or radio or look at a hoarding I do feel that power of ads I...
 
3004 referals 23 arguments, 482 views
I am associate of prajapati association and i am working for BJP from year 2005 to till date....
 
0 referals 3 arguments, 111 views
more...  
More From Author
To my view Jinnah was one of the most influential forces behind independence of India, and his contribution, in any circumstances be under estimated. He deserves the same status, respect and protection against any derogatory statement or...
Perplexed,I think, is a mean word you used, when gave unique dimension to international law! I think you were reading between the lines. Actually the debate was with respect to international law governing Indian relations with rest of the world i.e....
India, though slowly; has started making its influence on the international policies of various countries and it has now been recognized as emerging developed country. Still its relations in international perspective are governed by the laws made...
more...