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Police can now seek custody via video-conferencing

By Manas Dasgupta

GANDHINAGAR SEPT. 9. The BJP Government in Gujarat has empowered the police to seek custody of an accused person through video-conferencing.

Though an Ordinance to this effect — amending Section 167 of the Criminal Procedure Code Act — was promulgated by the State Government on August 16, it came to light only today after a Bill to replace the Ordinance was introduced in the Assembly. The House, which began its four-day monsoon session, later passed the Bill.

Under the Ordinance, an accused in police custody would have to be produced in court in person but if he/she was in "any other place", including in judicial custody, the police have only to declare him/her as "a high risk accused" and place him/her before a video camera to allow a magistrate at the other end to ask questions.

As a former Congress legislator, Shubhash Shelat, pointed out, the option of presenting the accused "through the medium of electronic video linkage", could be used by police to their advantage.

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