CJI backs cops on licence to arrest

Chief justice of India (CJI) KG Balakrishnan has backed the amended Criminal Procedure Code (CrPC) — which gives the police discretionary powers to arrest a suspect of an offence that carries maximum of seven years imprisonment — saying “it is mainly to cut down incidents of arbitrary and unnecessary arrests”. A section of lawyers has expressed grave concern over teething police with the discretionary powers.

The CJI termed criticism of the amended CrPC “unfounded”. Balakrishnan said, “It will not only create a measure of accountability in police behaviour, but also provide material for consideration during bail proceedings as the investigative officers will have to record reasons for arrest in writing”.

The CJI emphasised that gravity of the offence should be the basis for a suspect’s arrest. The Centre has put implementation of the amendments on hold over serious concerns by lawyers. They argue the amendments would encourage criminals — who would have no fear of arrest for fraud, extortion, criminal assault.

When the law becomes effective, the police, instead of arresting the accused, will be obliged to issue him or her a “notice of appearance” for any offence punishable with imprisonment up to seven years. Arrest happens only if he or she does not appear in response to the notice.