Thursday, February 12, 2009

New amendment to Criminal Procedure is bound to fail.


The new amendments in the Cr.Pc however good is bound to fail, if judges continued to act mechanically, traditionally and on personal tastes and biases oblivious of the spirit of the law, the objects, the makers of the laws had in their mind, principles of equity, good conscience and natural justice.


The previous law required the police to act blindly i.e. register F.I.R, arrest the accused and investigate, and the judges to scrutinise and be the watch dogs over the police but that rarely happened. In reality judges started applying non standardised self made thumb rules, bent upon denying bails. The mandatory power of arrest and non application oc mind on the part of police has destroyed life and reputation of millions of Indians.
In the year 2007, 2,800,000 people were arrested and 700,000 convicted.


Those who file false cases rarely get punished because of the defect in law which has not been addressed yet. Victim can go ahead for malicious prosecution only if judge declares the allegations false and frivolous.

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