| First of all let us understand what CrPC has to do with | | | | accused. After getting the bail the accused can remain |
| the people and what does this new change brings for | | | | out of the jail but had to appear in the court to face |
| them. There are different categories of the laws made | | | | proceedings. |
| in the system; they are broadly classified as the | | | | Now with the recent changes the power to grant bail |
| substantial and the procedural laws. As far as the | | | | has been transferred to the police authorities. Further, |
| criminal laws are concerned we find that the Indian | | | | courts can only serve a notice to the accused which |
| Penal Code (IPC) is the substantive law and the | | | | makes easy for the culprits to obtain the bail. |
| Criminal Procedure Code is the procedural aspect of | | | | EFFECTS OF THE AMENDMENTS |
| the same. The crimes are mentioned under the IPC, | | | | These changes have multifarious effects on the |
| but the procedure of filing an application and get the | | | | society. Earlier, offenders with clout used to easily |
| remedy is mentioned under the CrPC. | | | | obtain the bail from court. Now it won't be possible as |
| Quite often we find that people file cases just to | | | | the amendment will allow the honest police officials to |
| harass the other party, as a result of which the stature | | | | carry out their duty and not only catch hold of the |
| of the legal standards is declining rapidly. Taking note | | | | offenders but also to keep them in their clutches. |
| of this, Government of India has proposed several | | | | Secondly, this section incorporates the crimes which |
| amendments to the existing laws. But as we know, | | | | are of serious nature. But sometimes the innocent |
| every thing has its own good and bad sides, so is the | | | | people and even children get entangled in its ambit |
| case with these amendments too. | | | | which was a serious drawback. E.g. sometimes, |
| The recent amendments are proposed under section | | | | innocent people who may include the juveniles were |
| 41 and 309 of CrPC. These sections deal with the | | | | also subjected to arrest under the laws of Dowry |
| arresting powers of police and powers of court to | | | | prohibition. The new amendment totally curbs this |
| adjourn or postpone the proceedings. Let's have a look | | | | practice. Another positive effect of the amendment is |
| to what these sections have to do with the common | | | | that there will be no compulsion of advocates to be |
| man. Section 41 tells us how police can arrest the | | | | present to get the bail. |
| person without warrant i.e. under what circumstances | | | | The most negative effect of this amendment is no |
| police can arrest the accused without obtaining the | | | | involvement of courts. Now the whole power has |
| warrant from the court. This is applicable only in the | | | | been transferred into the hands of police authorities |
| case of serious crimes. Likewise, Section 309 deals | | | | which are unfortunately corrupt and already have a |
| with the postponing of the court proceedings if the | | | | sullied image. |
| matter does not require the attention at once. | | | | Changes are always made for the betterment of its |
| Now let's see what this proposed amendment has | | | | subjects, and they should be welcomed by one and all. |
| done? The government has listed the crimes in which | | | | Equally true is the thing that people for whom we are |
| the sentence given is less than or equal to 7 years. | | | | designing the changes should be ready to understand |
| This involves crimes such as dowry, child abduction, | | | | and accept them. These amendments are neither |
| theft, assault, chain- snatching, pick-pocketing etc. | | | | good nor bad rather they are ahead of their time. |
| Previously, court had the power to grant the bail to the | | | | |