Government amends Code of Criminal Procedure

Faced with umpteen complaints of high and mighty and politically-powerful accused influencing prosecution, the Centre has finally amended the Code of Criminal Procedure (CrPC), enabling victims of crimes or their dependents to engage their own lawyers for a fair trial.

The provision was introduced in CrPC in 2006, but the government did not think it necessary to notify it soon.

It’s now officially learnt that the amended CrPC will be applicable from January 1, 2010.

The amended law recognises a “victim”, who had been a silent sufferer at the hands of tainted law-enforcement agencies on one hand and tardy dispensation on the other.

A victim’s lawyer will now be permitted to engage a lawyer to assist the prosecution as well as to file an appeal against unjust decisions by trial or high courts.

Amidst reports highlighting sexual escapades of certain top-ranking police officers, the government has given special attention to the charge of rape (section 376 IPC) in general and when the barbaric act is committed by cops, in particular.

Special arrangements have been made to deal with section 376, sections 376A (rape by police officer), 376B (a public servant taking advantage of his official position and raping a woman is custody), 376C (when the management or the staff of a jail is involved in rape) and 376D (the management or the staff of a hospital takes advantage of his official position and commits rape on duty).

Law ministry sources confirmed such cases would be tried by a woman judge, as far as possible. Suspects will be medically examined immediately after arrest and victims’ statements will be recorded in the presence of their parents or dependents at their residences, possibly by a woman police officer.

Statements or confessions will be audio or video-recorded. Witnesses’ statements will be recorded in the case diary so to that cops don’t tinker with them.