point of view of expediting trial court procedures; (iv) Tackling the problem of undertrials and matters connected with the grant of bail; and (v) Effecting miscellaneous improvements. s Important proposals contained in the Bill are as follows: (a) Prohibit arrest of a woman after sunset and before sunrise except in exceptional circumstances. (b) Police is being required to give information about the arrest of a person as well as the place where he is being held to any one who may be nominated by him for sending such information; (c) Mandatory judicial inquiry in case of death or disappearance of a person or rape of a woman while in the custody of the police. In case of death, examination of the dead body to be conducted within 24 hours of death; (d) Mandatory provision that if the arrested person is accused of a bailable offence and he is indigent and cannot furnish surety, the court shall release him on his execution of a bond without surety; (e) An undertrial prisoner, other than the one accused of an offence for which death has been prescribed as one of the punishments, should be released on his personal bond with or without SHRI VARKALA RADHAKRISHNAN : Now, there is a welcome provision in this Bill also. When a woman is taken into custody, she gets information about the arrest and all those things. If the woman is questioned for the purpose of investigating a rape case, she will be sent for a medical examination immediately. That is Section 7. Now, in the rape cases, when she is sent for examination, it has become obligatory for the officer concerned to take her to the medical practitioner, authorised medical practitioner, who is conducting the medical test. After completion of all the procedure, she must be given a report about the medical examination and research she is entitled to. Now, I would like to deal with the next topic. There are many other topics but I will leave them. The next topic I would like to deal with is Section 18 – Rape in custody. A woman is produced before a Magistrate for alleged offence. She is remanded to custody, either to police custody or judicial custody. There were instances and there were cases when in custody such women were raped. Recently, a foreign lady came here. Some Excise people arrested her and committed rape on her. So, rape in custody is a serious offence. In order to prevent that, some provision is made which is good but there is some difficulty, which we will have to tide over after implementation of the Section. Now, when rape is committed, it is mandatory or obligatory on the part of the judicial officer, District Magistrate, who is conducting the enquiry that the police investigation will be continuing but this police enquiry is no bar for conducting custodial rape[bts20] . [c21] The District Magistrate or the Magistrate, who is taking cognizance of the offence, should conduct an inquiry along with the case being investigated by the Police. He should not wait for the completion of investigation. He can straightaway proceed with that offence. It will be dealt with seriously. This is a welcome change. I support it. MR. DEPUTY-SPEAKER : Thank you. … (Interruptions) SHRI VARKALA RADHAKRISHNAN : Then, there is another provision. MR. DEPUTY-SPEAKER : No. Please sit down. … (Interruptions) SHRI VARKALA RADHAKRISHNAN : I would like to bring to the notice of the House its provisions regarding anticipatory bail. Now, Section 436 of the Criminal Procedure Code provides for anticipatory bail.… (Interruptions) MR. DEPUTY-SPEAKER : Please sit down, Shri Varkala Radhakrishan. Before I would request other hon. Members to take part in the proceedings, we have a Supplementary List of Business. Now, I would request the hon. Minister Shri Kamal Nath to introduce a Bill. 14.53 hrs. CODE OF CRIMINAL PROCEDURE (AMENDMENT) BILL,2005 – Contd. MR. DEPUTY-SPEAKER : Now, we will continue the discussion on Code of Criminal Procedure (Amendment) Bill, 2005.
Posted on: Sun, 08 Sep 2013 07:12:23 +0000
Trending Topics
Recently Viewed Topics
© 2015