New Delhi: A comprehensive law on Code of
Criminal Procedure will be brought within a year as the Code
had become "very old", Home Minister P Chidambaram said in the
Rajya Sabha today.
"I agree that there should not be a piecemeal approach. I
have written to the Law Minister to have a comprehensive
legislation on this. The report of the Law Commission (on the
Code) should come in a year," he said.
Chidambaram was replying to a debate on the Code of
Criminal Procedure (Amendment) Bill, 2010 which was passed
by the House by voice vote. The Lok Sabha has already approved
The Home Minister said said the present legislation came
in 1973 and has become "very old".
The bill is aimed at making it compulsory for the police
to record the reasons for making as well as not making an
arrest in respect of a cognizable offence for which the
maximum punishment is up to seven years.
Prior to the amendment to Section 41 of the CrPC Act, the
law said a police officer "may" record reasons of arrest or
non-arrest of a person.
According to the amended bill, if a person is not arrested
in a non-cognizable offence, police will have to issue notice
to him to join investigations.
The amendment, making it mandatory to issue notice for
joining the investigation, is to ensure that the person does
not delay the probe by not cooperating.
Chidambaram said the Code of Criminal Procedure has
already been amended but was not notified as some Bar councils
had made a representation in this regard.
The Home Minister said he met representatives of Bar
Councils and wrote to the Chairman of the Law Commission in
"It is not an expansion of discretion (of police
officials) but a restriction on discretion," he said.
He also said a person arrested can go to court and say
that the reason of arrest is absurd and get bail.
Chidambaram said if a person fails to comply with the
notice (of the investigating agency) or is unwilling to
identify himself and give his name and address, he will be
arrested on the spot.