Wednesday, May 4 2005 20:54 Hrs (IST) - World Time -

New Delhi: A Bill to tone up the investigative machinery and make anticipatory bail for hardened criminals stringent was approved by Parliament today (May 4, 2005) after Home Minister Shivraj Patil assured the Rajya Sabha that the measure would make the system more effective and humane.

The Code of Criminal Procedure (Amendment) Bill (CrPC), already okayed by the Lok Sabha, was passed by the Rajya Sabha by a voice vote.

The Bill makes it mandatory for a person to be present in the court for moving an anticipatory bail application, Patil said adding, "We agree the bail should be a rule and not an exception."

When members said that a person's presence could lead to his arrest, the Minister said on the other hand, it would give the person an opportunity to explain his position.

Responding to members' suggestions that amendments related to anticipatory bail should be addressed before the Bill is passed, Patil said that these have been pending since 1994.

"Concerns of the members can be addressed. If possible, Government will bring two more amendments to the CrPC in this session itself," he said.

Patil said that the Bill incorporates recommendations of the Parliamentary Standing Committee, which have been largely accepted by the Government.

Patil said that the Bill would make bail mandatory for an accused if he has spent more than half of the sentence he gets on conviction in custody.

The Minister said that the Government will consider compensation to a person who is found to be innocent and has been kept in custody.

In cases of custodial death, the Bill takes away the power of investigation from police and gives it to judicial authorities.

It also bars arrest of women after sunset and before sunrise except under exceptional circumstances, Patil said.

For making arrests of a woman, sanction of two senior officials would be necessary, he said.

Patil said that the bill empowers State Governments to establish a Directorate of Prosecution and strengthening of legal provisions to ensure peace, harmony and tranquillity in society.