DNA spoke to Byatha N Jagadeesha, an advocate and member of the Alternative Law Forum, on what the CrPC changes would entail.
Lawyers across the country are up in arms against the amendments proposed to the Criminal Procedure Code (CrPC). The amendments have received presidential assent and will become law once they are notified. Lawyers’ associations including in Karnataka, recently went on a one-day strike to protest against the proposed changes.
The government claims that the amendments are an attempt to clip the powers of police and reduce the backlog of cases. The lawyers, however, argue that the amendment would only give the police more authority by giving them the power of the courts.
Also, they feel it would drastically affect their income. DNA spoke to Byatha N Jagadeesha, an advocate and member of the Alternative Law Forum, on what the CrPC changes would entail.
Why are lawyers against the proposed amendments to the CrPC?
Firstly, the amendment to Section 309 of the CrPC makes it difficult for advocates to practise as it says that if any lawyer has two cases, he or she can’t use it as a ground to seek an adjournment. Now, it is impossible for a lawyer to sustain oneself financially if he or she is to have only one case in a day. And, the lawyers can’t ensure that cases don’t overlap as the power to grant dates lies with the court. The amendment to the Section 41 of the CrPC gives the police the power to issue notice at the place of arrest. This can be violative of Article 14. The fear is that the police may misuse this discretion to let go of the powerful and harass others.
Is the amendment to Section 41 all about only giving more powers to the police?
Under Sections 41 and 41A of the CrPC there is a lot of discretion to the police. Yes, it appears that the amendment gives more powers to the police. But I think more than powers it is about responsibility. Ostensibly, they can no longer just arrest anyone. They have to give an explanation before making any arrest.
Is this a people-friendly move and how does this amendment help people?
The amendment is intended to make CrPC people-friendly. But the power is discretionary and the police can still arrest vulnerable people and spare the powerful.
Usually, the powerful always abscond though they will be moving brazenly about in connivance with the police. Now in such case, the police can just say they have issued notice and they can’t do anything about it.
The amendment to Section 309, the government claims, is aimed at reducing the backlog of cases. Your comments.
The issue of speedy trial has already been covered under Section 309 of the CrPC. The proposed amendment makes it mandatory for the lawyer concerned to be present when the case comes up. If the advocate is engaged in another case, the party might find it impractical to engage a different one for that day’s hearing.
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