HYDERABAD: Are police officials in the State not well-versed with the provisions of arrests to be made under Section 41 of the Criminal Procedure Code (CrPC)? A memorandum from the Telangana DGP office to all officers to familiarise themselves by referring to the amendments and to pay special attention to sections suggests the same. Though Amendments to Section 41 of CrPC - procedures to be adopted by police in case of arrest and non-arrest of suspects with regard to offences punishable up to seven years or less - are in place for more than seven years now, several officials are seemingly unaware of the procedures.
Moreover, the amendment, which is used as an alternative to ‘station bail’, has reportedly given rise to corruption at police station level.
There have been instances when, under the cover of this amendment, police officials have been accused of extorting money from accused parties. Meanwhile, advocates opine that the directions are nothing but a reiteration of the guidelines passed by the Supreme Court in the past.
The Memorandum issued by DGP M Mahendar Reddy says, “It is noticed that though the amendment came into effect in 2010, police officers are not following the new provisions strictly. All officers are directed to familiarise themselves by referring to the amendments and to pay special attention to sections.”
Meanwhile, senior police officials opine that the guidelines are being followed, but not religiously. “It is true that few officers are not completely aware of the amendments.
There is a need to bring awareness on the guidelines among police officials too,” said a senior official from DGP’s office. Another official observed that there were many allegations of the amendments being misused. “Many officials are using the notice process instead of station bail, which is not in line with the guidelines,” he said. Legal experts, meanwhile, are of the opinion that though there are strict orders from the Supreme Court, many police officials were using the provisions to harass the accused parties. On many occasions, police call the accused party for notice and immediately execute arrest, though the latter needs to be given time.
Senior advocate Chandrasen Reddy says, “Accused parties in many cases are scared of police not following the guidelines and approached High Court seeking to direct police to adhere to the guidelines. It is the fear of being harassed, that is forcing the accused parties to approach court.”