“Arrest” and its scope in contemporary Indian criminal justice system

The emerging trends in the criminal justice system emphasize the need to speedy trail. Since our Constitution envisaged the spirit of fundamental rights to its citizens the Right of life and personal liberty
 Article 21 of the Indian constitution read as “No person shall be deprived of his life or personal except according to procedure established by law”. However in spite of the constitutional and statutory provisions are aimed at safe guarding the personal liberty and life of a citizen, growing incidents of torture and deaths in police custody has been a disturbing factor. Experience shows that worst violations of human rights take place during the course of investigation….custodial death in perhaps one of the worst crime in a civilized society governed by the rule of law”{1}
 Speedy trial thus an integral and essential part of the fundamental right to life and personal liberty enshrined in Article 21 of the Constitution. {2}In Kadra Pahadiya Vs. state of Bihar {3} it was held that several trials were languishing in jail for several years without their trial having made any progress. The Supreme court commented “it is a crying shame upon our adjudicatory system which keeps men in jail for years an end without a trial.
In this context it is obvious to know about arrest and its scope in the code of criminal procedure.
 “Arrest” means the apprehension of a person suspected of criminal activities” {4}
 When a person is found to be committed an offence under I.P.C or ant other law for the time being in force, be arrested by the police officer and a Magistrate as according to the following provisos
 ARREST UNDER THE CRIMINAL PROCEDURE CODE:

ARREST UNDER THE CRIMINAL PROCEDURE CODE

ARREST BY THE MAGISTRATE(SECTIONS 44, 87, 89,204,319 AND 187) OF)CR.P.C.

ARREST BY POLICE OFFICER(SECTIONS 41, 42 AND 151)

ARREST BY THE PRIVATE PERSON (SECTION 43)

    According to the provisions of the Criminal Procedure Code a person who is found to be committed an offence may be arrested as mentioned infra:
  BY A MAGISTRATE:    A Magistrate may arrest under the following circumstances,
 Section. 44: when an offence is committed in the presence of a magistrate whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender…..”
Section. 87:  A Magistrate is empowered by this code to issue a warrant of arrest for appearance of any person after recording the reasons in writing.
Section. 89: A Magistrate is empowered to issue a warrant of arrest against who is bound by any bond taken under this code for his appearance.
  It s to be noted that under sections 87 and 89 the warrant issued by the Magistrate not only against the accused but also any person who disobey the order by the court.
Section. 204: The Magistrate taking cognizance of an offence thinks fit that there is sufficient ground for proceedings and the case appears to be a warrant case, he may issue a warrant against the accused. However it is to be noted that the discretion of Magistrate is essential in issuing warrant.
Section. 319: As per section 319(2) the Magistrate is empowered to issue arrest warrant against a person appearing to be guilty of offence as the circumstances of the case may require him to do so.
 BY POLICE OFFICER: The power of  police officer to arrest is of two fold, former entitles him to arrest without acting under discretion and the latter puts him into the discretion in arresting the offender a per the amended proviso in the CR.P.C.
Without warrant : (without using discretionary power)
 Section 41 (1) (a) : The police officer may arrest any person who commits in his presence a cognizable offence
Section 41(1) (ba) : The police officer may arrest any person who commits any cognizable offence punishable with an imprisonment of a period more than 7 years.{5}
Section 41(1)(c to i) :  The police officer may arrest without warrant under the circumstances mention in sub clauses c to i.
Section 42 : The police officer may arrest a person who commit in his presence a non cognizable offence and refuses to give his name and address.
Section 151 :A police officer knowing of a design to commit any cognizable offence may arrest without the orders/ warrant from a Magistrate as a preventive action to maintain law and order .
 Without warrant (with discretionary power)
 Section 41 (1) (b):  The police officer may arrest any person under this section like wise as in the old code section 41 (a) but after fulfilling the grounds mentioned in Clauses (i) and (ii)  for arrest and recording in writing about the necessity  of arrest in his case diary. As per section 41 (1) (b) (i) for arresting a person it is very essential for police officer to satisfies about well establishment of guilt and under as per section 41(b) (ii) before arresting a person under this section the police officer has to well firmed about necessity of arrest as mentioned in the circumstances stated under sub clause (a) to (e) to clause (ii).
           The new sections brought drastic changes in arrest by the police officer by vesting the discretionary power.
 With warrant by police officer :
 Section 41 (2) : The police officer is not entitled to arrest a person who commits a non cognizable offence or against whom a complaint has been made   except with the warrant of the Magistrate. 
    On perusing the above amendments it appears that the recognition of need of arrest in certain cases. The Code of Criminal Procedure (Amendment) Act, 2008 which came in to force on 1^st November 2010 vide Notification: S.O.2687 (E) OF MINISTRY OF HOME AFFAIRS DATED 30^TH OCT 2010.This amendment brought as a result of recommendations made in the 177^th Law Commission Report headed by j. B.R. Jeevan reddy.
       The theme of the report is to maintain a balance between the liberty of citizens (the most precious of all fundamental rights) and the societal interest a difficult balance but it has to be attempted and achieved to the extent possible. The report taken in to the consideration of the judgments in the cases mainly D.K.Basu (1997) and Joginder kumar (1994) and concentrates on the specific theme “the police officer must be able to justify the arrest apart from his power to do so “                          
In Amarabati Vs. State of U.P. [2005 CR.L.J 755 ] it was held that arrest and detention in the police custody can cause ill-calculable harm to the reputation and self –esteemed of a person and, that, is why no arrest can be made in routine manner on minor allegation of commission of a crime
 In M.C.Abraham Vs. State of M.H. (2003 SCC 628 Cri.) The lordships held that Section 41 gives a discretion to the police officer from a magistrate and even without a warrant may arrest any person in the situation enumerated in that section’
 CONCLUSION: It is there fore the concept of arrest has an important role in the criminal justice system and it is inevitable the new changes in the concept of arrest in view of contemporaneous societal changes which recognizes the fundamental rights of citizens.

A bunch of students at Amity Law School visit an Orphanage during the Amity HR Quarter

Feb 2nd was a day when we all learned a thing, that is misery and pain are so very predominant in this universe that our individual pain looks very small infront of them. There are so many children throughout India and the universe who have no one in there life at all.There is not a single person also to give them a glass of water. Another scenario is there are even children’s who have there parents but still there parents don’t earn enough to feed there children’s. Endless pain and misery lies in this so called era of development and technology.

The thing which we need is a helping hand from our society to help these children’s. Many Ngo's are coming up to help these children’s. One such Ngo is ASHRAYA BHAVAN located in Faridabad. We had the opportunity to visit this Ngo on Feb 2nd 2011.A Ngo run by Mr.Chandy Verghese. It consists of 60 children’s. An effort was taken by us so that we can add a bit of spice in there gloomy life. Drawing competition was organized by us. We find out some good painters there. 1st,2nd ,3rd prize was also given to them. Then after that we played some games with the childrens.There were some brilliant chess players even.The childrens played like as if it was there last day of playing.They were very happy to get some company for themselves. To add to there happiness we gave pencils,erasers,pens and stickers to them.The children were really happy to receive those gifts.The were very much excited even to receive those things from us. Lastly before leaving snacks were served by us to the children.This was a day when we all felt that we all could do a little bit for the mankind and our society.

OUR AIM AND OBJECTS

1. To create amongst all the citizens of India a great sense of brotherhood, patience, tolerance, respect, harmony, equality, mercy & respect towards all the religions & their ways of worship.
2. To provide legal aid and advice for the indigent and weaker sections of the society.
3. To work, help & assist the weaker section in getting quick, fair & impartial justice at the minimum time & at affordable cost. Current worst & anti people laws of paying court fees/stamp duty calculated on the value of litigated amount of property must be scrapped immediately as it is de-barring the sufferer, poor & general public, who are not in a position to seek & pray for justice & court orders/ award whereas this bad act has proved as big bonanza to all cheats & criminals. There must be free & high standard legal aid to all the downtrodden, poor, unfortunates & needy.
4. To educate general public not to initiate & go in for unnecessary litigation in any court of law for all small, financial, family related, agriculture & irrigation related & all other misc. civil matters & disputes. All such matters be heard & decided by concerned & related trade & commerce association, mercantile, lok adalats. Multi- panchayats, district boards, consumer forums etc.
5. To work & bring of all citizen to come together & raise a strong but non violence voice & peaceful movement to remove the words of CASTISM from the constitution of India as this word castism is the biggest black spot on the forehead of India, the so known biggest democracy of the world, enabling all citizens of our country to realize & feel that we are all equal & are having same rights & duties.
6. To start various program & counseling centers to educate & train the citizens about their duties, responsibilities & rights towards Indian society in order to achieve the goal & mission of ONE INDIA - ONE NATION - ONE LAW.
7. To work in the direction of building the strong national character in order to realize & make every citizen disciplined in all walks of life as nothing has been done in this.
8. To help stop legal social and economic discrimination against women and their exploitation in different ways.
9. To create circumstance among the general public to eradicate the social evils like dowry, drinking, liquor etc,
10. To organize medical relief camps blood donation and eye donation camps in various places, especially in slum areas.
11. To provide free training like computer, garments stitching to widows, war victims, disabled persons etc.
12. To effectively work for reducing gender inequalities, exploitations and injustices.
13. To work in all those sectors & areas wherever our assistance, help time, energy, competence, capabilities & financial contribution may assist these poor, needy & helpless. We may assist & help the families of all poor & needy to organize & perform the group marriages of all the children belonging to poor & may contribute & bear the cost for such events.
14. To work & help all the sufferers of natural calamity like earthquakes, floods, tsunami, drought, storm, accidents, mahamari etc & may provide them first aid, medicines, temporary & permanent shelters, tents, clothing, bedding, utensils, food, drinking & raw water, toilets, milk, cash grants etc.
15. To organize peaceful rallies/pad yatras with feeling of national integration.

Values of a Social Worker

Social workers commit to a particular set of values including respect for worth and dignity of every person, the client's right to self-determination, confidentiality, advocacy and social action that promotes social justice.

 Humanitarianism
 Egalitarian ideals
 Self-determination
 Mutual respect and dignity of every person
 Privacy
 Human rights
 Fair and non-judgmental
 Co-operation

Deaf can be given driving licences, rules court

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The Delhi High Court Monday asked the government to grant driving licences to deaf people, so far prohibited from driving under the Motor Vehicles Act, if they satisfy other necessary criteria.
A division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said: “We are obliged to certify that if an applicant is totally deaf, he has to be called for the test if he applies for a learner’s licence without medical certificate and if he passes the test as required under the rule, then he shall be granted the learner’s licence as that is the statutory requirement.”
“Similarly if a person is totally deaf but satisfies the necessary criteria, he shall be allowed to obtain the (permanent) driving licence,” said the bench.
The Motor Vehicle Act currently prohibits hearing-impaired persons from driving on the ground that they may pose danger to others.
The bench was hearing a public interest litigation (PIL) by the National Association of the Deaf (NAD) seeking the court’s direction to quash the “no hearing impairment” stipulation for issuing a driving licence.
In its petition, the association contended that the deaf are allowed to drive all over the world except in 26 countries, including India, as Indian vehicles lack gadgets that vehicles in other countries are equipped with to aid deaf people drive.
The court, however, declined to direct the central government to label deaf persons as “special category” persons in the act and issue directions for fitting vehicles with special gadgets for deaf to avoid accident, and said the legislature is empowered to make such provision in the law.
“We are not inclined to direct that the special conditions which are permitted by other countries for grant of licence to the persons who are completely deaf as the same, we are disposed to think, is in the domain of the legislature, for the legislature understands the prevalent conditions in a set up where separation of power is an insegregable facet of the basic structure of the Constitution of India,” said the bench.
The petitioners submitted a representation Feb 22, 2007, to the surface transport secretary asking for issuance of driving licence to the deaf persons.
In response, the ministry April 10, 2007, said it was considering the matter of issuing driving licence to the deaf with the Automotive Research Association of India, the director general of health services and the National Road Safety Council. It said it was taking note of the Central Motor Vehicle Rules, 1989, and discussing the measure with the Technical Standing Committee.
Various other communications were sent to the ministry afterwards but no further response was obtained.

help for weaker section

Our aim is to work, help & assist the weaker section in getting quick, fair & impartial justice at the minimum time & at affordable cost. Current worst & anti people laws of paying court fees/stamp duty calculated on the value of litigated amount of property must be scrapped immediately as it is de-barring the sufferer, poor &      general public, who are not in a position to seek & pray for justice & court orders/ award whereas this bad act has proved as big bonanza to all cheats & criminals. There must be free & high standard legal aid to all the downtrodden, poor, unfortunates & needy.