Punjab Assembly’s legal reforms committee moves to scrap Section 55(1)(b) of the CrPC, calling it a law that “criminalises poverty,” while debate grows over other colonial-era provisions still in force.

A high-level committee of the Punjab Assembly has declared that a controversial colonial-era legal provision effectively criminalises poverty and must be abolished, raising serious concerns about its compatibility with constitutional rights and modern democratic values.

The Committee on Legal Reforms and Subordinate Legislation met at the Punjab Assembly Secretariat under the chairmanship of Speaker Punjab Assembly Malik Muhammad Ahmad Khan to review recent amendments to the Rules of Procedure of the Provincial Assembly of the Punjab, 1997, along with broader issues related to outdated criminal laws and police accountability.

Section 55(1)(b) under scrutiny

A key focus of the meeting was Section 55 of the Code of Criminal Procedure, 1898 — particularly clause 55(1)(b), which allows police to arrest individuals without a warrant on the grounds that they have “no ostensible means of subsistence.”

The committee strongly criticised the provision, terming it a colonial relic that penalises poverty rather than criminal conduct. Members noted that such a law is inconsistent with fundamental constitutional guarantees, including the rights to liberty, dignity, equality, and freedom of movement. They emphasised that poverty, homelessness, or lack of resources cannot, in themselves, justify police action against any citizen.

Advocate Supreme Court and senior law associate at AGHS, Shabbir Hussain spoke to Voicepk on the matter.

“Section 55(1)(b) effectively criminalizes poverty by allowing arrests solely for having ‘no ostensible means of subsistence’, giving law enforcement agencies excessive discretionary powers. The committee’s recommendation to abolish this provision is logical, as it would protect fundamental rights and reduce the risk of arbitrary arrests.

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