Brad Pitt exposes weakness in Indian law
Angeline Jolie and Brat Pitt have been entertaining Indians almost daily these days. Their stay in India could itself make for a blockbuster comic movie plot. The latest: Angelina's bodyguards have been arrested for racial abuse. The crime: they couldn't hold their tongues in the maddening evening Mumbai crowd. The police duly locked them up: and released them on bail after Brad Pitt personally met the Mumbai Police Commissioner. The police commissioner explained that "Police were duty bound to record a complaint and arrests were done according to Indian law." Brad Pitt then innocuosly asked whether people could be arrested on a mere complaint and without giving them an opportunity to get their version across. And he is absolutely right.
The Indian Penal Code gives police uncontrolled powers to make arrests after an FIR has been lodged without even hearing counterparty arguments. Typically as soon as a FIR has been registered, the accused is forced to seek anticipatory bail, without getting an opportunity to make a counter statement with the police. Otherwise he can be arrested. This system is heavily loaded in favor of the complainer, and subject to abuse. I feel its a British legacy left unattended.
The system should be modified to let the accused make a counter-statement, and if police believes that it still needs to proceed with arrest, it should go ahead and procure an arrest warrant.
Angeline Jolie and Brat Pitt have been entertaining Indians almost daily these days. Their stay in India could itself make for a blockbuster comic movie plot. The latest: Angelina's bodyguards have been arrested for racial abuse. The crime: they couldn't hold their tongues in the maddening evening Mumbai crowd. The police duly locked them up: and released them on bail after Brad Pitt personally met the Mumbai Police Commissioner. The police commissioner explained that "Police were duty bound to record a complaint and arrests were done according to Indian law." Brad Pitt then innocuosly asked whether people could be arrested on a mere complaint and without giving them an opportunity to get their version across. And he is absolutely right.
The Indian Penal Code gives police uncontrolled powers to make arrests after an FIR has been lodged without even hearing counterparty arguments. Typically as soon as a FIR has been registered, the accused is forced to seek anticipatory bail, without getting an opportunity to make a counter statement with the police. Otherwise he can be arrested. This system is heavily loaded in favor of the complainer, and subject to abuse. I feel its a British legacy left unattended.
The system should be modified to let the accused make a counter-statement, and if police believes that it still needs to proceed with arrest, it should go ahead and procure an arrest warrant.
posted by Rohit at 9:48 PM
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