Amendment to CrPc

NEW DELHI: In an attempt to provide legal succour to victims of crime in India, the Manmohan Singh government on Thursday notified some crucial amendments to the Code of Criminal Procedure which, among other things, would grant victims the right to appeal against a court order absolving an accused, or convicting the accused to a lesser offence.

The amendment were notified on Thursday, and came into force immediately after that. They are expected to go a long way in providing a soothing balm to victims of crime in the country. The move comes against the backdrop of a raging controversy over the minor punishment handed out to former Haryana DGP S P S Rathore for molesting Ruchika Malhotra, and abetting her suicide.

The amendments were passed by the two Houses of Parliament in December last year, and subsequently received Presidential assent. They, however, could not be notified by the union home ministry following a stiff resistance from the lawyers and a section of the NGOs.

Notifications for three provisions, however, have been held back by the home ministry. These include sections 5,6 and 21(b) of the CrPC Amendment Act, which relate to the power of a police officer to arrest an accused and the power of the court to grant or refuse adjournments.

“Representations were received against these provisions. They were, hence, referred to the Law Commission, which held wide-ranging consultations before submitting its report. On the basis of this report, an Amendment Bill has been approved by the Union cabinet.

It could not be introduced in the last session of Parliament, and will be tabled during the budget session,’’ a home ministry spokesman said.

Section 372 of the CrPC, as amended, stipulates that the victim will not need the nod of the law enforcement or prosecuting agency to appeal against a court order. Under the present arrangement, an appeal can be filed only after the prosecution gives the go-ahead.

The term “victim” has now been defined by the amendment, and he’ll now be permitted to engage the services of an advocate to assist the prosecution and also to file an appeal.

With the amendments coming to play, offences under section 376A and 376D of the IPC shall be tried, as far as practicable, by a court presided over by a woman judge. It also lays down the procedure in the case of the arrest of a woman.

It also prescribes that the statement of a rape victim shall be recorded at her residence, to the extent possible, by a woman police officer in the presence of the victim’s parents, or guardian, or a social worker.

A far-reaching amendment that has been notified is section 357A, which makes it mandatory for state governments to finalise a scheme in consultation with the Centre to earmark funds for compensation to victims or their dependents.

Another amendment stipulates that the trial of an offence under sections 376 to 376D of the IPC shall, as far as possible, be completed within two months.

One thought on “Amendment to CrPc

  1. Respected sir………

    Sub:- ( Give justice or death )

    I have already sent you this complaint letter earlier on 28/04/2009, but till date

    no response or action has been taken from your side. Now I just want to ask you

    some questions.

    1. On 27/12/2008, I have filled a written complaint to the higher authorities of Mumbai police and my wife filled a complain against me on 15/02/2009. I just want to know that the police department will take the action against which case.

    2. If a some one is charged by under section 498A should the police take the blind action without investigating of the case?

    3. Is their any rule that without any investigation and without any notice of police can arrest the person with his parents from another state where they are residing?

    4. If someone is injured at head side ( attempt to murder ) and went to police station to file a case then what is the primary action that the police officials should take?

    1). Abdul Salam Abdul Karim Tali, residing at 301, Al Madina Appt., Sufiji Gali, Bade Khan Chakla, Surat, Gujarat- 395001.CONTACT NO. 9974338345

    2) Mrs. Shamim Banu, residing at A/80, Gate No: 1, Marwari Chawl, Dowri Nagar, Santacruz (e), Mumbai- 400 055. CONTACT NO.9892236283.

    My wife had filled a false case against me of 498-A, 34 in bandra sdm coart case no.67/09 & ,125. in bandra family coart case no e-596/2008 According to this supreme court ordered protesting against the CrPC amendments police cannot arrest me directly without investigation in this Act then also the police of Wakola had arrested me and my parents by destroying my and my parents Image and reputation in the society which was really a merciful, now there is a question arising that we are true or not for that I will proof briefly as below :-

    Just check out the police record against my father in law Mr. Mohammed Aziz Mansuri and his son Mohammed Safi Mansuri, you will recognize how this people are harassing mentally, Physically and financially to the society, they had made this business to make money in short time, how greedy they are and making the misuses of Act 498-A and 125 IPC. The minister Renuka Chaudhary, a committee member of the committee of empowerment of women, had given this interview in NDTV that 98% women are making misuse of this act then also uptill now no changes had been made.

    You can see the background of my wife and her family members they had done the marriage of their younger daughter and now they are asking for money for the settlement by this you can know how greedy and how professional being by misusing of 498A and 125 IPC.

    My wife had given a false statement in Wakola police station which is clearly seemed
    to be false. She had given a statement that I had attacked on her head with knife by inserting knife into her head up to 2-3 inches inside, while lady police had asked her that where is the sign where the knife has inserted in her head, by this question only she was caught that she was giving a false statement which was teached by her parents, for this I had attached that statement copy with this complaint.

    As they had started giving me Physically, Mentally and financially Stress by filling false case IPC 125 in Bandra family court and 498A filled in Bandra 32 SDM Court, by this the problem arises every date given by both the court and both the court are issuing several hearing dates different day by which I have to make up down from surat to Mumbai once a week. These circumstances are creating money crises to me as I am doing service in a shop, but due this problem I am unable to attend the job daily, due to this I am not getting the salary even to travel to Mumbai and attend the dates issued by court., by this you can recognize that how I am suffering due to this false case.

    From last 17 month I am suffering due to the mental harassment given by my wife and
    her parents. They are demanding money to settle this cases. From starting onwards of my marriage they had started demanding money from me and I had given them also several times. Once a time I had received a advance money from my customer for new computer, I had taken that money to my house by this thought that I will assemble new computer next day, while sleeping at night my wife took that money which I received from my customer along with my child had ran away in the midnight to Mumbai without informing me from my rented house which I had taken only for her wish to stay separately from my parents at nanpura, Surat.. As she had make a call to me by saying that “when my father had asked you for money you had refused to give him, but now I had taken the money and given to father , so don’t worry about
    that”, this incident has taken place on 15/07/2006.

    They had filled two false cases one in Family Court that I am earning Rs. 30,000/- per month and from which they need Rs. 15,000/-, and in SDM Court they stated that I was asking Rs. 50,000/- as dowry. From her parents, as she was staying with her parents since 17 months. and I was not allowing to meet my wife and also both my children’s. On 01/11/2008 I went to Mumbai to meet my wife and my children’s but they attacked me and hurted my head. As I complained about this matter at wakola police station but they didn’t filed the FIR against them and only registered the N.C. Complain (No. 5671/2008, 01/11/2008), at that time I was injured
    badly and was bleeding. I told the police personnel’s to file my complain in hindi but they refused and told me to sign me in a complain which was written in marathi which I couldn’t understand. If you think that I am laying then you can see the cc camera tv recording of 01/11/2008 of Wakola police station.

    I had given complaints in written on 27/12/2008 to (1). Sr. Police Inspecter, SamajsevaBranch, Mumbai, (2) Asst. Police Commissioner, Bandra Zone, Mumbai, (3) D.C.P Bandra Kurla Branch, Mumbai,(4) Sr.Inspector ,Vakola, Santacruz. But I can’t under stand that why they not taken any action against my complain while they had complain on 15/01/2009 and action had been taken why ? I think you can better understand this circumstance. They are trying to make me criminal any how . I had attached that copy of the complaints herewith.

    If you find, all this actions taken against me is illegal then please take some serious action against those who are trying to misuse the rights that they are having. I want to put attention of you that due to you , my life my childrens life and my parents life is spoiling just due to you, because you are not giving justice to me, if your thinking that I m guilty than punished me hang to me the death or give me my children back and punished them who are misusing this government laws just to make easy money in simple language Business . I m not satisfied with vakola police also because when I gone on
    01/11/2008 to police station of vakola in injured situation which was attempt to murder to put complaint against my wife family because they had injured me on head side but seeing this all thing vakola police had not taken my complaint and my written complaint was torn in many piece and thrown on my face .After that I had contact to my relative and went again to vakola police station to put complaint, after many many request they had taken my complaint but just to put in file, no action is taken up till now but the point to be noted is that after 3 month of my given complaint my wife family and vakola police had planned to harassed me they putted complaint against me and taken sudden action by taken me and my parents from surat at night
    and putted me and my parents to jail with a rude manner .My wife family and vakola police had this joined planned to ruined me and my family .It is clearly seemed that my complaint which was given before 3 month of there complaint had not taken any action nor a investigation up till now and therefore complaint which was putted after 3 month of my complaint had taken sudden action why ? Can u explain me which type of rule and regulation is going on my country.

    Since last 24 months I was not allowing to meet my children’s, they are demanding money and threatening me that they have many sources to secure money from my side. Whenever I cal to their number to talk to children’s they receive the call and disconnect it after few seconds and second time when I call they uses such words which I cannot mention in this statement but I have recorded it in my cell.

    They are saying that, that I had, kick them out from house on 29th Dec.2007, which is
    fully false statement because I have four person as witness which can prove that how false they are I. am attaching affidavit of that four person . If their parents are using their daughters to make money in such a way then what will be the future of my children’s, as they have already changed the their names and surname.

    I want to ask the government, why such law you making in which u can’t do the
    investigation and taking blind action against husband family?, why when wife’s does the suicide the police take the action against husband and his family and why when husband does
    suicide no action is taken against wife and his family ? just give me answer that if I am doing
    suicide will government or law will take action against my wife and her family. Sir I am really
    ruined in this matter by physically, mentally and financially , now I am seeing death better than
    life .There is not fixed that how long I can bear this matter , my mental is so disturb due to this
    harassment. My next court date issued on 15/12/2009 and family court on 30/11/2009, you can
    see how false harassment is done on me ,just once a day keep your self on my place you will
    know what a worst life I m suffering ,just due to misused of this act because no investigation
    taking place once you do the special investigation you will know what is true and false .
    Hope you will take strict action against such person who are making law as a business
    and misusing to make money in easy way.
    Kindly look after this matter as a father who had done every thing what ever they
    needed and even left his parents only for his childrens, and now I can only watch my childrens
    future being letting inside dark but cannot do anything for them. I am not a well educated
    person, so one of my friend had translated this statement from Hindi to English. So please
    forgive me if you find any mistake in the wordings.
    Thanking you,

    Copy to:-

    1). Respected president of India Smt. Pratibha Patil ji
    2) Respected prime minister of India Shri. Manmohan Singh ji
    3) Respected Shri. P. Chidambaram Ji
    4) Respected Smt. Renuka Chaudhary Ji
    5) Respected chef minister of Gujarat Shri Narendr Modi ji
    6) Respected chef minister of maharashtra Shri. Ashok Chowhan ji
    7) Respected National Human Rights Commission (Investigation)
    8) Respected Law & Justice Minister Shri H.R. Bhardwaj Ji
    9) Respected Minister of Social Justice & Empowerment
    10) Respected Police commissioner Mumbai
    11) zee news, star news, aaj tak, and others.

    Abdul salaam Tali

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