Should India need a legislative framework to make compensation for unlawful arrest a statutory right? Comment (200 Words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 2 years
KEY POINTS
· The probe conducted by former Narcotics Control Bureau (NCB) official Sameer Wankhede into a purported tip-off about consumption of drugs on board a cruise ship.
· It is good that the agency made amends for the mischief done by the initial set of investigators by applying the standard of ‘proof beyond reasonable doubt’ while presenting its final report.
· Its primary focus ought to be on trans-national smuggling networks, while the job of pursuing drug peddlers and raiding rave parties must be left to the local police.
· While strict disciplinary action is warranted if any officer is found involved in ‘fixing’ someone, it is also time that the Government came out with a legal framework for compensating those jailed without proof.
· The Law Commission of India has recommended enactment of a law to make compensation in such cases an enforceable right.
· Currently, Section 358 of the Cr.P.C. provides for a paltry fine to be imposed on a person on whose complaint a person is arrested without sufficient grounds.
· It is a sobering thought to note that even people with celebrity status and vast resources are not insulated from the misuse of police powers, even while recognising that it is still possible to vindicate one’s innocence and force the establishment to adopt a course correction.
AZMI ALI 2 years
IAS Parliament 2 years
Good answer. Keep Writing.
Shobana Krishnasamy 2 years
Please review
IAS Parliament 2 years
Try to provide the complete nswer. Keep Writing.
