[Reader-list] new police amendments

[Monica Narula]

New amendments are being proposed to the CrPC (Criminal Procedure Code).

- The change will be that a recorded statement in police custody is 
to be taken as evidence in the courts. This is to amend present 
status where the prosecution has to get the witness to record a 
statement inside the court in order to get it submitted as evidence.
This implies that any statement that has been made in a police 
station is now enough to nail you.

- These changes are coming in supposedly because law-makers are 
worried at the farcical judicial drama that has unfolded in some very 
high profile cases involving the rich and the powerful of the land. 
It is very clear within a vast public-field that cases can be twisted 
and turned in any direction if you have the power of wealth or 
influence. What has come to the public imaginary is that it is 
impossible for any one to get a fair trail if you are pitted against 
the rich and powerful.

- So the law-makers act and give unprecedented power to police 
officers. The recorded statement in a police station and police 
custody will become unchallengeable evidence in court. This amendment 
will completely alter the power of the police vis-a-vis any 
detention. The police creates the suspects, it records the statements 
(the condition under which this statement is  derived will always 
remain hidden), and then goes to the courts to get a trial with this 
evidence.

I think this kind of amendment did make its appearance a few years 
back in the name of curbing terrorism, but got hooted out. But now it 
has appeared camouflaged anew in the form of protecting civil society 
from the terror of the rich and powerful. Just amazing.

What is even more amazing is that these kind of amendments can be 
thought of and that there is very little evaluation of the 
implications of the amendments. How far are we from becoming a police 
state? And are we all giving consent to these processes?

-- 
Monica Narula
Sarai:The New Media Initiative
29 Rajpur Road, Delhi 110 054
www.sarai.net