Govt reforms Code of Criminal Procedure in clampdown on false arrests, cases

“We want the innocent spared before trial begins,” Asif Nazrul says at a briefing

In a move aimed to curb the filing of “false cases” and the practice of “arrest trading”, the interim government has authorised a key amendment to the Code of Criminal Procedure (CrPC).

Speaking at a briefing following a meeting of the Advisory Council on Sunday, Law Advisor Asif Nazrul said the government was “frankly embarrassed by certain ongoing practices”.

“One is the filing of false or fabricated cases, and the other is case trading, where genuine incidents are inflated by naming numerous people just to extort money. So, after discussions with stakeholders, we’ve made an important change to the CrPC.”

Under the new mechanism, a police commissioner, superintendent of police (SP), or an officer of equivalent rank may seek a preliminary investigation report from an investigating officer regarding any case within their jurisdiction.

“If the commissioner gives the order, the investigating officer will submit the preliminary report to a magistrate. If the judge finds that there is no evidence or witness testimony against certain accused individuals, they may be dropped from the case before it reaches trial,” Nazrul said.

Should the final investigation later reveal credible evidence linking those previously dropped, the police will have the authority to re-include them in the list of accused in the final report.

“We are hopeful that this reform will empower both the police and judiciary to remove names from cases at the pre-trial stage where there's no preliminary evidence,” the law advisor said.

“And if any name was wrongly excluded, they can be added again if credible proof emerges.”

He said the core aim of the amendment is to ensure that anyone falsely implicated or harassed through baseless cases gets relief before entering the ordeal of a formal trial.