Delhi lawyers to strike against arrest law changes

January 6th, 2009 - 10:57 pm ICT by IANS  

New Delhi, Jan 6 (IANS) Lawyers in Delhi Tuesday decided not to work Wednesday against parliament’s approval of amendments in the Code of Criminal Procedure (CrPC). The lawyers are protesting the amendment in CrPC that the police cannot arrest a person if the offence committed by him carries imprisonment of less than seven years.

“It is completely unfair as this will tend to bring more corruption in our system and we are opposing it by going on a strike Wednesday,” said Rajiv Khosla, president of the Delhi Bar Association.

Section 41 of the CrPC lays down certain conditions on the police officer for arresting a person accused of committing a cognisable offence that carries imprisonment that can be extended up to seven years.

The amendment proposes that the police officer may, instead of arresting the person concerned, issue a notice of appearance, asking him to cooperate in the probe.

No arrest will be made in a non-cognisable offence except under a warrant or order of a magistrate. The reasons for arrest should be sound and recorded in writing by the police officer, the amendment proposes.

Where such a notice is issued to any person, it shall be the duty of that person to comply with it and arrest can be made only if the person fails to do so.

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