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Law Commission proposes
major curbs on cops

The Law Commission of India has proposed major curbs on the authority of the police to arrest people under various sections of the Code of Criminal Procedure.

Statistics released by the commission on Monday reveal massive abuse of powers to arrest people.

"There is a good amount of abuse in matters of arrest," commission chairman Justice B P Jeevan Reddy said while releasing the Consultation Paper on Law Relating to Arrest.

After nation-wide studies and consultations, the commission will make its final recommendations on amendments to the Criminal Procedure Code to curb abuses by police on various counts that permit them to take into custody people.

"An ordinary man feels insulted, humiliated and thinks his arrest will lower his esteem. Therefore it is necessary that this power is properly channelised," Reddy said.

He said that while the recommendations are being finalised, the commission has to keep in mind "the society's interest in law and order and protection of human rights of the accused and rule of law."

"Chapter V of the Code of Criminal Procedure 1973 deals with the arrest of persons. Section 41 empowers a police officer to arrest a person without warrant, who is said to be concerned in a cognisable offence and in certain other situations," a statement issued by the commission said.

"The generality of language vests wide discretion in the police officers which can be easily misused. The facts and figures furnished by the director generals of police of various states also discloses that many persons are also arrested under Section 107 to 110 and 151 of the code."

Section 107 and 110 CrPC are used by the police to arrest people to keep peace or to be on good behaviour.

Under section 151 of the CrPC, a police officer can arrest any person "if it appears" that he is planning to commit a cognisable offence.

"Despite constitutional, legal and judicial safeguards, the power of arrest is quite often abused for various illegal and oblique purposes," the commission said.

"Very often, it is the poor and persons without official or political clout who become victims of police excesses," the commission admitted.

The commission recommended the following amendments for wider public discussion:
1. No person should be arrested for offences which are at present treated as "bailable and non-cognisable". Instead of categorising them as bailable and non-cognisable, offences can be categorised as "non-cognisable offences", the commission said. The police should not make any arrest in case of these offences and no court should issue an arrest warrant either, the commission believes.

2. In cases of "bailable and cognisable" offences, no arrest should be made but only an "appearance notice" should be served on the accused, the commission said. In case of habitual offenders, the commission said that arrests can be made but only after senior officers and the magistrate are informed in writing.

From the offences, the commission believes, "bailable" should be dropped and they should be called just "cognisable".

3. In respect of offences punishable with seven years, which are treated as "non-bailable and cognisable offences", the commission said that they should be called "bailable-cognisable offences".

The commission has made detailed recommendations on various offences in this section.

4. The commission said selected representatives of registered non-governmental organisations and advocates should be allowed to visit local police stations at any point of time to avoid harassment of the accused.

5. No arrest or detention should be made for mere questioning, the commission said.

There are several other specific recommendations on which the commission has called for suggestions.

Final amendments to the CrPC will be submitted to the Centre after nation-wide debates and incorporating various judgements of the Supreme Court.

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