 bill no 149 of 2017 the code of criminal procedure (amendment) bill, 2017 bydr sanjay jaiswal, mp a billfurther to amend  the code of criminal procedure, 1973be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the code of criminal procedure (amendment) act, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 412 of 197452  in section 41 of the code of criminal procedure, 1973, after sub-section (2), the following sub-section shall be inserted, namely:—"(3) notwithstanding anything in clause (b) of sub-section (1), no person, against whom credible information regarding commission of an offence punishable under45 of 1860section 498a of the indian penal code, 1860 has been received, shall be arrested unless it can be adduced from the credible information that an aggravated form of cruelty as defined under clause (a) of explanation  to section 498a of that code has been committed by that person:5provided that the police officer shall, prior to arrest of a person, take reasonable steps for reconciliation between the parties and await the outcome of the steps taken for a period of thirty days" statement of objects and reasonssection 41 of the code of criminal procedure, 1973 (cr pc) provides for conditions and restrictions for arresting a person without an order from the magistrate and without a warrant however, in case of offences punishable under section 498a of the indian penal code, 1860 (ipc) dealing with 'cruelty by husband or relatives of husband', it is not easy to satisfy the provisions of section 41 of cr pc therefore, section 41 of cr pc is invoked time and again erroneously to arrest a person guilty of an offence punishable under section 498a of the ipc as no hard and fast rule can be laid down for exercise of power under section 41 of cr pc, it is suggestive that a balanced and sensitive approach should be taken by the police officer prior to arrest of a person the idea is not to dilute the importance of protection of the life and liberty of women but to ensure a fair chance to the other party as well the law commission of india in its 243rd report has already made recommendations which can go a long way in preventing the alleged misuse of section 498a of the indian penal code, 1860the bill, therefore, seeks to amend section 41 of code of criminal procedure, 1973(cr pc) with a view to put restriction on the arrest of a person guilty of committing an offence of cruelty to a woman under section 498a of indian penal code, 1860 unless the credible  information received by the police officer proves the samehence this billnew delhi;sanjay jaiswaljuly 5, 2017 annexure extracts from the code of criminal procedure, 1973 (2 of 1974)   41 (1) any police officer may without an order from a magistrate and without a warrant, arrest any person—when police may arrest without warrant(a) who commits, in the presence of a police officer, a cognizable offence; (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;(ii) the police officer is satisfied that such arrest is necessary—(a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer; or(e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest   2 subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a magistrate    extracts from the indian penal code, 1860 (45 of 1860)498a whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fineexplanation—for the purpose of this section, "cruelty" means—husband or relative of husband of a woman subjecting her to cruelty(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or(b) harassment of the women where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand     lok  sabha———— a billfurther to amend the code of criminal procedure, 1973————(dr sanjay jaiswal, mp)gmgipmrnd—994ls(s3)—24-07-2017