Fw: Only part of my suggestion were put in the Amendment of the Criminal Procedure Code
--- On Wed, 12/31/08, Milap Choraria <milap_choraria@...> wrote:
From: Milap Choraria <milap_choraria@...>
Subject: Only part of my suggestion were put in the Amendment of the Criminal Procedure Code
Date: Wednesday, December 31, 2008, 7:56 AM
Only part of my suggestion were put in the Amendment of the Criminal Procedure Code
About 10 years ago, I suggested through Article to restrain to Police from arrest, to any one for any crime already committed, except crime by an enemy alien; or declared as terrorist or for likewise offender. He should be issued a Notice to appear before a Judicial Magistrate of his selection to record his statement of facts. He should be arrested only in case he not recorded his statement within the period mentioned in the notice for appearance before a Judicial Magistrate. If his statement would be proved as false the falsification of such statement should be liable for another punishment, which should be prevailed separately. Applications for anticipatory Bail or Bail to a person only granted if he already recorded his statement before a Judicial Magistrate. I have made my suggestions in detail explaining with the detailed reasons. My articles were published in all most all Hindi Newspapers in India and few English Newspapers. I complied my aforesaid suggestions in a Book : A MODEL CONSTITUTION FOR INDIA, which was registered in 2002 under the Copyright Act and posted at : http://constitutionindia.tripod.com
My suggestions are recorded under Suggested Article 12 as under:-
(1) No person shall be convicted of any offence except for violation of law in force at the time of the commission of an offence, nor be subjected to a penalty greater than that, which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once, except in respect of an offence to infringe the fundamental rights of other citizen.
(3) Making a statement by a person named in any complaint is his fundamental duty, immediately after knowledge of complaint, in the manner subscribed by the Law in this respect.
(4) No person shall be arrested, by investigating authority, in connection with any offence, if he records his true statement on oath, about his knowledge with reference to, or his involvement in such offence, within the period prescribed by law.
(5) The clause (3) shall not applicable in respect of any person who for time being is an enemy alien; or declared as terrorist or for likewise offender;
(6) No accused person shall entitle to get bail in any criminal matter, if his arrest is made under order of a Court, unless and until he complies his duty under clause (3).
(7) Any person subscribing or making a false statement by affirmation of an oath before any authority shall be liable to stringent punishment, not less than five years, which shall run separately, from any other punishment, if any.
(8) Any person not to comply, the conditions laid down by clause (3), shall be punished for not less than half of the highest punishment arises, against offences referred in the complaint, with reference to an offence, whether he committed or not, and such punishment shall run separately, without any mercy. Similarly for the absolutely false complaint lodged by any one with clear intention to injure the person named as accused in the complaint, the complainant shall suffer similar punishment.
Punishments for two separate offences shall not run together.
Now part of the aforesaid suggestions have becomes the law of the Land, after amending Criminal Procedure Code, by Rajyasabha on 18.1.2008 and on 26.12.2008, by Loksabha, subject to President gives her ascent. But, my suggestions were stronger impacts to put a check on the crimes, since under my suggestion this was mandatory if any crime have been committed ten criminal should have been admitted his role in the respective crime. No Bail would have been allowed him until he did not record such statement before a Judicial Magistrate of his selection. My suggestion also would have been put a strong check on Police not to record false reports under political influence or under gratification or otherwise, which will be continued under the amended law. My suggestions would have been also reduced the period of Criminal Justice System, which is not possible under the amended Cr. P. C.