Shreya in her plea has also sought issue of guidelines, by the apex court, to “reconcile section 41 and 156 (1) of the Criminal Procedure Code with Article 19 (1)(a) of the Constitution” and that offences under the Indian penal Code and any other legislation if they involve the freedom of speech and expression be treated as a non-cognizable offence for the purposes of Section 41 and Section 156 (1).
Section 41 of the CrPC empowers the police to arrest any person without an order from the magistrate and without a warrant in the event that the offence involved is a cognizable offence. Section 156 (1) empowers the investigation by the police into a cognizable offence without an order of a magistrate.
While agreeing to hear the case, the bench said it was considering to take suo motu cognisance of recent incidents of arrest of people.
Meanwhile, the government today issued guidelines that state approval from an officer of DCP level at rural areas and IG level in metros will have to be sought before registering complaints under section 66A of the IT Act.
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