Himachal Assembly passes Bill, it's now mandatory to take permission before arrest of public servant

With the amendment to Section 65 of the Act, no police officer shall arrest a public servant for any act done while discharging his duties as a public servant except with the prior sanction of the government.

Earlier, the amendment Bill was introduced in the House by Chief Minister Sukhwinder Sukhu on Wednesday.

During the discussion, the Chief Minister, who also holds the Home portfolio, said the government has no intention of encroaching upon the Indian Justice Code, or Bharatiya Nyaya Sanhita (BNS), by making the amendment.

He said the vigilance bureau and the police would continue to take action in cases like bribery as before. He said the Opposition “is unnecessarily expressing apprehensions about the Bill”. He clarified that this amendment would address gaps in the existing system.

Earlier, BJP members Randhir Sharma and Trilok Jamwal expressed apprehension that after this amendment, the government will misuse public servants. They said that this is an attempt to save those who take bribes.

Jamwal called it an encroachment on Section 35 of the BNS and demanded the government to withdraw the amendment.

After the passage of the Bill, junior police officers and lawyers can also be included in the District Police Complaints Authorities in the state. Due to the unavailability of senior police officers and lawyers, the District Police Complaints Authorities have not been formed in many districts. As a result, there are difficulties in resolving complaints.

After the amendment, it will also be mandatory to get permission from the government before arresting public servants.

Apart from this, the Himachal Pradesh Recruitment and Conditions of Services Bill 2024, was also passed. With this, a police recruitment board will be formed for the recruitment of Grade-II policemen.