Our judiciary needs serious overhauling and scrapping of antique sections of IPC like 405/406/420/409 . Most of these sections provide for imprisonment upto 7 years and beyond and they are sections formulated in 1860 which shows how absurd and irrelevant they have become. Unfortunately the highest misuse is by the police department who are hesitant to register a rape case saying things like the clothes were not torn hence rape is not applicable (Pune Police),while in cheating case all that you have to do is fix your price with the Assistant Police Inspector (A.P.I.) who will then hound the accused treating him like the biggest criminal. Even though recovery of money is a civil case, it gets coloured to attract section 420. The entire corrupt system comes into top gear, the accused is presented before the magistrate who gives 2 days police custody without any problems. When the police start negotiating with you for astronomical amounts to protect you from cavity search and humiliation and if an equation is not materialised then be prepared for the worst as you could be in custody for as long as they want while your lawyers run around from sessions to high to supreme court at your cost for a crime which you may have never committed but a disgruntled and powerful businessman is settling scores where no one can save you. In our country you are guilty till proved innocent
If you are weak and poor you will rot, if you are rich and powerful no one can touch you, for example the Justice Ganguly case where unless the media hyped and put pressure nothing happened. Therefore there should be serious concern to protect the Constitution of India for human rights violations which the corrupt politicians and the investigation agencies are bending back and front to make money and exploit the situations.
By Satish Bhangar