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Sub: Implementation of CrPC Amendments 2010 i.r.o. section 41

all take a print out and send to u sp or cp .pls modifed designation and your city name and send by speed post and if reply not come pls file RTI .




The .Supritendent of Police

District Akola


Sub: Implementation of CrPC Amendments 2010 i.r.o. section 41




Ministry of Home Affairs has issued a notification for Amendments in the Code of Criminal Procedure effective 2nd November as per knowledge of the applicant. As advised by Hon’ble Minister of Home Affairs, a committe was set up especially to look into the provisions of section 41 (power of police to arrest without warrant).


NCRB and other sources have clearly revealed and it has been acknowledged by Hon’ble Supreme court, the Government and Hon’ble President of India that there is rampant misuse of the IPC section 498A which has enormous power to the police to arrest without warrant. Almost 98% of cases of IPC 498A are false. This is causing huge strain on the public exchequer due to the lost time of the police, harassment of the accused and time of the court in persuing these false cases. The general public and the courts have at several times rapped the police for abbetting such acts and misuse of power to arrest.


The National Police Commission in its Third Report referring to the quality of arrests by the police in India mentioned power of arrest as one of the chief sources of corruption in the police. The report suggested that, by and large, nearly 60% of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2% of the expenditure of the jails.



Hon’ble Supreme Court in Joginder Singh case had established the guidelines and circular issued by the DGP to that effect but all were interpreted as per whims of the police officers making arrests.By default each and every accused in the false IPC 498A case were arrested without any application of mind or giving a thought to the age of the arrestees.In today’s India, there is no respect for elders, senior citizens and old aged parents or breast-feeded children; with one word of Daughter-in-Law, they are dragged to jail; in the name of Women empowerment. This is clearcut abuse of the law and almost all the times such wives go unpunished.


Hon’ble SP , as a tax-paying citizen, I would like you to respond whether these amendments in the CrPC is made aware to all the police staff and law enforcement officer’s under you? I would also like to know whether all the staff working under you are abiding to the CrPC amendments notified in November 2010. Are summons notice being issued to all the accused in such cases where the punishment is less than 7 years? Are the reasons being recorded in case of arrests or no-arrests?



Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for “ignorance of the law does not excuse” or “ignorance of the law excuses no one”) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.


Hence for meting the ends of justice in case of genuine cases and to ensure that all criminals are brought to book, you are requested to ensure that these amendments be notified to all the staff working under you. It should not happen that because you have not followed the code the real culprits and criminals will move scot-free in the society.


Hon’ble Commissioner madam, having high regards for you after you have assumed the office at AKOLA and your subsequent steps in raising the morals of the police force by introducing several of innovative ideas,  I would be pleased to receive a copy of any such direction issued to your staff either by you or from the office of the DGP, Maharashtra state.




Thanking you,


Sincerely yours,



Categories: News, RTI Tags: ,
  1. Prassoon Suryadas
    September 27, 2011 at 8:15 am

    Team up and send RTIs to get the circular issued


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