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Citing “misuse” of the law by police against politicians, the Maharashtra government is planning to water down the stringent amendments brought to Section 353 of the Indian Penal Code (assault or criminal force to deter public servant from discharge of his duty) within three months.
Deputy Chief Minister Devendra Fadnavis, who also holds the Home portfolio, told the Vidhan Sabha on Wednesday that while the Section 353 of the IPC was amended by him as the chief minister in 2017 following frequent attacks faced by police personnel, it has emerged that the section is being increasingly “misused” by police against politicians.
After the amendment to Section 353 in 2017, under the Section 353(a), the maximum punishment was increased from two to five years and a case charged under the section was made triable by a sessions court as against a trial by magistrate court.
The discussion in the House was prompted by a complaint made by Shiv Sena MLA Suhas Kande in the Vidhan Sabha that a senior police inspector with Nashik police Nilesh Mainkar had tried to extort money from him by threatening him and registering offences against him.
Kande said that he had approached the court against the officer following which an FIR was registered against him earlier this year.
Fadnavis had sent the officer on forced leave. He further ordered the inquiry being conducted against him by an Assistant Commissioner of Police (ACP) rank officer to be submitted within a month’s time.
Speaking in the Lower House, Fadnavis said, “This is a serious issue if the court has asked for a case against an officer on extortion charges and sections of the Prevention of Corruption (PC) Act. An ACP rank officer is conducting inquiry into the matter and will be asked to submit the report within a month’s time. Also it would not be proper for him to continue at the post so he will be sent on forced leave till the time the report is submitted in the matter.”
MLA Bhaskar Jadhav said that earlier as well, when Dilip Walse Patil was the state Home Minister the issue of misuse of 353 (a) by policemen had been raised and representatives of all parties agreed it was being misused.
Fadnavis said that he had himself brought the amendment in 2017 making the section more stringent with a higher punishment following repeat attacks on policemen.
The Home Minister said that later it came to light that the section was being misused by some policemen against public representatives.
“In some cases, they invoked the section against public representatives merely on the grounds that they spoke in a raised voice… Hence there will be amendments being brought in to the section within three months,” Fadnavis told the House.
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