President gives assent to Gujarat bill that gives police power to take action against protesters
New Delhi (PTI): A Gujarat bill facilitating registration of criminal cases against persons who stage protests in violation of Section 144 of the Code of Criminal Procedure (CrPC) has received Presidential assent, officials said Wednesday.
The Code of Criminal Procedure (Gujarat Amendment) Bill, 2021, was passed by the State Assembly in March last year.
The bill seeks to make any violation of prohibitory orders issued under Section 144 CrPC a cognisable offence under Indian Penal Code Section 188 (disobedience to an order duly promulgated by a public servant).
It amends Section 195 of the CrPC which states that no court shall take cognisance of any criminal conspiracy for contempt of the lawful authority of public servants, except on the complaint in writing of the public servant concerned.
The Code of Criminal Procedure (Gujarat Amendment) Bill, 2021, has been assented to by the President, a home ministry official said.
According to the statement and objects of the bill, the Gujarat government, police commissioners and district magistrates are empowered to issue prohibitory orders under CrPC Section 144, directing any person to abstain from a certain act or to take certain order to prevent disturbance of public tranquillity or a riot or an affray to maintain public order on various occasions.
It said the police officers while deployed on such duties come across incidents of violation and need to take appropriate legal action against the violators under Section 188 of IPC.
However, Section 195 of the CrPC, 1973, makes it mandatory for the public servant issuing such orders to be the complainant against the violators thereby creating an impediment to taking cognizance of violations... Section 195 (1) (a) (ii) CrPC prohibits the jurisdictional courts from taking cognisance of the offences except on the complaint in writing of the public servant concerned, the statement and objects said.
The maximum punishment under the Section 188 of the IPC is six-month imprisonment
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Woman threatens to end life as police official refuses to accept love proposal, FIR registered
Bengaluru (PTI): A woman was booked on charges of obstructing a police inspector from discharging his official duties and threatening to commit suicide if he did not accept her love proposal, police said on Wednesday.
The 45-year-old inspector attached to the Ramamurthy Nagar Police Station here alleged that the woman repeatedly harassed him, they said.
According to his complaint, the harassment began on October 30, when he started receiving calls from an unknown woman from multiple phone numbers.
During these calls, she allegedly spoke incoherently and claimed to have close links with several highly placed individuals, including the Chief Minister, Deputy CM, Home Minister and other political leaders.
Police said the woman sent photographs via WhatsApp purportedly showing herself with these dignitaries and claimed she could use their influence to compel the inspector to accept her proposal. She also allegedly threatened to use her contacts against him if he refused.
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The inspector said that he advised her to visit the police station and submit a written complaint if she had any grievance. However, she did not do so and instead continued to repeatedly call and send messages, which disturbed his official duties, the FIR said.
According to the FIR, on November 7, the woman allegedly visited his office and handed over an envelope containing some tablets along with handwritten letters. The letters contained emotionally charged and inappropriate content, and the woman claimed they were written using her blood, indicating obsessive behaviour.
Despite being clearly informed that the number she was contacting was an official departmental number meant for public service, she allegedly continued making unnecessary calls and messages, causing mental harassment and obstruction to his day-to-day duties, he alleged.
During the inquiry, police learnt that the woman had allegedly exhibited similar behaviour with other police and government officials in the past, it stated.
On December 12, she allegedly went to his police station and shouted and threatened to commit suicide and ruin the inspector's career if he did not respond to her proposal, prompting him to lodge a complaint.
"Based on the complaint, a case was registered against the woman under Sections 132 (assault or criminal force to deter a public servant from discharge of duty), 351(2) (criminal intimidation) and 221 (obstructing a public servant in discharge of public functions) of the Bharatiya Nyaya Sanhita at the Ramamurthy Nagar Police Station. The matter is under investigation," police said.
