Thursday , Dec 31, 2009 at 0522 hrs
New Delhi:
The New Year will bring a special gift for victims of crime in India. On the second last day of 2009, the government decided to notify a landmark amendment to the Criminal Procedure Code (CrPC), giving victims the right to appeal against a court order acquitting an accused, or convicting the accused of a lesser offence.
Under the amended Sec 372 CrPC, the victim will not need the permission of any law enforcement or prosecuting agency to appeal a court order. Currently, an appeal can be made only if the prosecution so decides.
This and other amendments were cleared by Parliament in December last year, and they subsequently received the assent of the President. However, due to strong opposition by lawyers and some NGOs, the Home Ministry did not notify them.
According to sources, Home Minister P Chidambaram, who was keen to notify the amendments at the earliest, cleared the file today. Once published in the gazette, which is likely to happen tomorrow, the amendments would become enforceable from January 1, 2010.
However, the Ministry has decided not to notify two amendments that the lawyers had opposed strongly — to CrPC Sections 41(A) and 309.
The amendment to Sec 41(A) barred police from arresting an accused for an offence that carries a maximum punishment of seven years without first issuing him/her a “notice of appearance”.
The amendment to Sec 309, aimed at speeding up trials, disallowed the granting of adjournments on flimsy grounds.
Sources told The Indian Express that the Ministry has decided to amend these Sections again as per recommendations of the Law Commission.
An important amendment that will be notified is Section 357A, making it mandatory for state governments to draw up a scheme in coordination with the Centre to provide funds for compensation to victims or their dependents. Victims will be entitled to compensation if the offender is not caught and tried.
Another amendment — to Section 275 — provides for video recording of witness statements in case of offences carrying a punishment of over two years.
Police must complete investigations in a child rape case within three months of registering the case. Rape cases should ideally be investigated only by policewomen.
Also, if a pregnant woman is given the death sentence, the High Court would automatically commute it to life.
http://www.indianexpress.com/columnist/maneeshchhibber/
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