In response to a fervent outcry from elected representatives, the state government has announced its decision to amend Section 353 A of the Indian Penal Code (IPC). This particular section had been designed to protect public servants, including police officers, from physical attacks or threats while performing their duties. However, recent complaints by MLAs have shed light on its misuse, prompting the government to take action.
Section 353A to Be Diluted
Following the Centre's 2017 amendment, which increased the punishment for offenses under Section 353 A from two years to five years, concerns have arisen about its misuse by government servants. Now, in light of the complaints, the state government intends to dilute the section, reducing some of the excessive protective measures extended to government officials.
Deputy Chief Minister's Stand
Deputy Chief Minister Devendra Fadnavis addressed the issue during an assembly session, acknowledging previous complaints about the gross misuse of the section. He emphasized that Section 353 A was initially added to the IPC to protect public servants from physical attacks, not to be used as a tool in verbal disputes between officers and MLAs. Fadnavis firmly believes that an amendment to the section is necessary to strike a balance between preventing misuse and ensuring appropriate protection for public servants.
Proposed Amendments Within Three Months
Fadnavis stated that the amendment bill will be introduced within the next three months. The government aims to modify the section in a manner that prevents its misuse by officers while still offering adequate protection to public servants. The matter will be subject to extensive discussions during the presentation of the bill.
MLAs Raise Their Concerns
During the assembly session, MLAs brought forward instances of the section's misuse by government servants. Suhas Kande, an MLA from Shiv Sena, raised the issue through a calling attention motion, alleging that a police inspector in his constituency had lodged false cases against him. He further revealed that the local court had acknowledged these false cases and ordered the inspector's booking under various sections of the IPC and the Anti-Corruption Act. MLA Devyani Farande from BJP, representing Nashik West, also accused the same officer of falsely charging her and other women with baseless allegations. Independent MLA Ashish Jaiswal from Ramtek shared an incident where another police officer had threatened to book him under Section 353 A.
Government Responds - Inquiry Ordered
In response to the complaints, Deputy Chief Minister Fadnavis announced that an inquiry into the conduct of the Nashik police officer would be conducted by an officer holding the rank of joint commissioner. The investigation is expected to conclude within a month, during which time the officer in question will be placed on mandatory leave.
Share
Tweet
