Legal status of 41A Crpc before 2014(Arnesh Kumar vs State Of Bihar ) judgment.

[Vikram Saini]

Dear sir ,

Would you please tell me the legality of Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008. As per CRPC law this amendment should be followed from that time but most of lawyers says that this amendment of clause 41A should be implemented after Arnesh kumar vs state of bihar judgment given by Honable Supreme court, 2014.
Please clear the discrepancy.

regards

[Dr. Ashok Dhamija]

Section 41-A of the Criminal Procedure Code came into force with effect from 1 November 2010. It has to be implemented from that date itself.

There is nothing in the judgment of the Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 : AIR 2014 SC 2756 : 2014 Cri LJ 3707, which requires that Section 41-A Cr.P.C. has to be implemented only from the date of the said judgment.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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