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Does CrPC override special acts such as the SC/ST Attrocities Act
11-Jul-2023 (In Criminal Law)
I am a common man with dalit background and certain interest in sc,st atrocities cases (Genuine and False Cases ) and limited knowledge in Law Proceedings . Recently A Dalit was severely humiliated and Insulted A case is registered under sc,st atrocities act. As The Accused has Strength of Money , Community etc he's not arrested. The Inquest Officer quoted Section 41A CrPC and The SC ruling in Arnesh Kumar Vs State of Bihar case 2014 , and so The Accused Can't be arrested. My Doubt is , As sc,st atrcoities Act is a special act , giving exceptions to other acts and laws , why Section 41A CrPC etc are implied?
Criminal procedure code is a procedural law, and Indian penal code and SC/ST Act, is a punitive law. i.e. punishment is prescribed under both the laws. As far as the 41 cr.p.c. is concerned, it is the procedure to be followed by the police officer, before proceeding to arrest a person in offences below 7 years punishment. So the officer followed the procedure, and you are unnecessarily suspecting him.
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Adv. Mustafa Ali
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