No Arrest for Offences with 7 yrs or Less Jail

By M H Ahssan

Ever since he flung his shoes at George Bush on December 14, Iraqi journalist Muntader al-Zaidi has been in custody. But if something like that were to happen here with the Indian president, the assailant might not even be arrested. For, assaulting President is among a wide range of offences that are no more covered by the existing arrest regime thanks to amendments passed in the just concluded session of Parliament.

The eight Bills passed by Lok Sabha on December 23 without a debate in 17 minutes flat included a radically revamped Criminal Procedure Code, which divests the police of the usual arrest powers in all cases where the maximum possible sentence is seven years or less. Since the CrPC amendment Bill had been cleared earlier by Rajya Sabha on December 18, it is all set to pass into law once President Pratibha Patil gives her assent.

Instead of arresting the accused, the police will now be obliged to issue him a “notice of appearance” for any offence punishable with imprisonment up to seven years, which — as it happens — is the maximum penalty prescribed under Section 124 of Indian Penal Code for assaulting a President. Seven years or less is also the maximum penalty for a host of other offences, including attempt to commit culpable homicide (Section 308) or robbery (Section 393), voluntarily causing grievous hurt (Section 325), cheating (Section 420), outraging a woman’s modesty (Section 354) and death caused by negligence (Section 304A).

The notice of appearance casts a duty on the accused person to appear before the police and “cooperate” with their investigation. It is only when he fails to comply with the terms of the notice will the question of arresting him arise. If they are still particular about arresting somebody in the first instance, then the police will specially have to give reasons for that in writing in court.

The introduction of notice of appearance is part of a larger attempt to raise the bar for arrest. In the case of offences punishable with imprisonment exceeding seven years, the police can arrest merely on “credible information” or “reasonable suspicion”.

But in the case of offences punishable with imprisonment up to seven years, the police will also have the burden of recording the reasons for being satisfied that such arrest is “necessary.”