Tag: CrPc

SC told Centre considering amendments in IPC, CrPC

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New Delhi: The Centre told the Supreme Court on Thursday it is considering amendments to the Indian Penal Code and the Code of Criminal Procedure.
The submission was made by Attorney General R Venkataramani before a bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala during the hearing of a PIL challenging a CrPC provision related to service of summons only to a family’s male member if an accused in a criminal case is unavailable.
The central government is actively considering amendments in criminal laws, the law officer said, adding, “Consultations have taken place. In fact, I have personally asked the government to take an active role in this. Some of this (amendments) has to do with the sedition laws.”

When the bench asked the top most law officer about the relevance of the submission that the change in sedition law was also in the offing, he said the government was actively looking at amending the CrPC and the IPC.
The AG sought adjournment and requested that the matter be listed after the monsoon session of Parliament.
“We are informed that amendments in CrPC and the IPC are under active consideration,” the bench said and fixed the PIL filed by Kush Kalra for further hearing in the last week of July.
Earlier, the top court had on November 21 last year issued a notice to the Centre besides seeking the attorney general’s assistance on the PIL challenging a CrPC provision related to service of summons on a family’s male member alone if an accused in a criminal case is not available.
The plea alleged the provision discriminates between male and female and is violative of various fundamental rights, including the right to equality.

“Service when persons summoned cannot be found: Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate,” reads section 64 of the Code of Criminal Procedure.
The PIL said the provision provides for serving the summons only to male members of the house if the accused is not found and this is violative of various fundamental rights.
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( With inputs from www.siasat.com )

April 6, 2023
Kolkata: Section 144 CrPC imposed after fresh unrest in Howrah

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Howrah: After fresh unrest was reported in Howrah’s Kazipara area which witnessed violence over the Ram Navami procession on Thursday, Union Home Minister Amit Shah spoke to West Bengal Governor C V Ananda Bose over the issue.
Bose and Chief Minister Mamata Banerjee also reviewed the situation on Friday, a Raj Bhavan statement said.
The governor also said those who resort to violence under the illusion that they can hoodwink the people will soon realise they are in a fool’s paradise.
“There will be effective and concerted action to book the culprits and bring them before the law. Setting fire to public property, that too on the sacred Ram Navami day, is a highly provocative act and will be viewed seriously,” he said.
Raj Bhavan will keep its eyes and ears open to ensure protection to the life, property and dignity of the common man, Bose said.
During the telephonic conversation with Bose, the union home minister sought to know the prevailing situation in the state, particularly in the violence-hit areas of Howrah.
The governor is believed to have provided the home minister details about Thursday’s violence and the present situation, sources said in New Delhi.
As unidentified people on police personnel on Friday afternoon, the police used batons to disperse a group of people who had gathered there.

At least three policemen were injured in the brick batting.
Prohibitory orders under Section 144 of CrPC were imposed in Kazipara area, a senior IPS officer told PTI.
Altogether 45 people were arrested in connection with the violence since Thursday.
“The situation was calm and peaceful until this afternoon. After that, police personnel were pelted with stones which sparked tension in the area. Some people were arrested as our officers reacted instantly,” he said.
A huge team of Rapid Action Force (RAF) from Kolkata Police was brought into the area on Friday afternoon. The personnel started a route march following the stone-throwing incidents.
Earlier in the day, West Bengal Chief Minister Mamata Banerjee alleged that the BJP along with other right-wing organisations was responsible for Thursday’s violence in Howrah.
She appealed to people to maintain peace in the area.
“The Howrah incident is very unfortunate. Neither Hindus nor Muslims were behind the violence in Howrah. The BJP along with Bajrang Dal and other such organisations were involved in the violence with arms,” Banerjee told Bengali television news channel ABP Ananda.
The state government will help all whose properties were vandalised in the clashes, she said.
Violence broke out on Thursday evening between two groups when a Ram Navami procession was taken out in the twin city of Howrah. Several vehicles, including some belonging to the police, were torched and shops and auto-rickshaws ransacked during the violence.
Claiming that there was laxity in a section of the administration, she said strict action would be taken against those involved in the clash.
A large police contingent was deployed to restore peace in the locality.
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( With inputs from www.siasat.com )

March 31, 2023
DM Doda orders public to avoid garbage dumping in public places, imposes sec 133 CrPc

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To address the issue of garbage dumping on roadsides, highways, public paths and main drainage in rural as well as urban areas of District and nuisance caused by dumping of garbage, District Magistrate Doda Vishesh Paul Mahajan today imposed Section 133 of Cr.PC in the district.
After multiple campaigns / announcements and personal interactions but seeing less participation of the public, the order has been issued. The door to door collection has been started and segregation pits are being constructed. Dustbins have been placed and augmented. The order has been issued with sole objective of making Doda garbage free.
The order reads that District Magistrate, Doda, by virtue of powers vested under Section 133 Cr.PC, do hereby order all the residents of the District to remove garbage/avoid dumping of garbage on any Public places viz streets, roads, roadsides, open grounds, nallahs, river/riverside or any other place covered under the definition of public place and ensure to dump the garbage only at places specified by the concerned Municipal bodies or Block Sanitation Officers/ Panchayts or handover the garbage to the door to door collectors only. Any violation in this behalf shall be dealt under the relevant section of law.
It is to mention here that, dumped garbage is a breeding place for mosquitoes and many other disease carrying vectors which is a cause of great concern as they may spread many communicable and non- communicable diseases.
Dumping of garbage alongside of the roads and in the drains result in blockage of the drainage system causing nuisance and hindrance to the smooth movement of the Public.

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November 19, 2022