December 19, 2008

Important Legal Changes-- Know Your Rights

Government has made important legal changed in Criminal Procedure Code:-

Video and audio recording of statements of witnesses by Police and Magistrates has been allowed and trial by video conferences has ,also , been allowed.

In Non cognisable offences , instead of arresting a person , a notice of appearance would be sent to the person concerned , asking him to co-operate in the probe.
The power to arrest for non cognisable offence would now be only with the Magistrate and not with the Police Thana .

The Arresting Officer should bear a clear and visible name identification . At the time of arrest , the Memorandum of arrest shall be attested by at least one witness , who is a member of the family or a respectable person of the locality.

The police officer making an arrest will have to inform the arrested person that he has a right to have a relative or a friend informed of his arrest.

The reasons for arrest should be sound and recorded in writing by the Arresting Officer.

It would be mandatory for the police to conduct examination of an arrested person by a medical practitioner for recording any pre existing injuries.In case a woman is arrested , the examination will be done by a woman doctor.

Rape victims would receive protection . Rape victims would be medically examined by a female medical practitioner and victim's statement would be recorded at her residence by a woman officer.The hearing of such cases would be, as far as possible, by women judges There is , also a provision for providing compensation to rape victims.The whole idea is to lessen the agony of the victims at all stages of investigation and Trial and involvement of only women officials.

Frequent adjournment of court cases has been made more difficult.

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