A man in Sheikhpura has been booked under the amended anti-rape law even before police stations have received a formal notification regarding this.

The district’s woman police station house officer, Vijay Kumar, lodged an FIR (No. 08/13) on March 30 against Aaju Yadav and slapped Section 354(A) of the IPC instead of Section 354, which was earlier used in such complaints.

Only on Thursday, the police headquarters issued directives to all the superintendents of police asking them to apprise their subordinate officers of the provisions of Criminal Law Amendment Act, 2013, which had recently been passed by Parliament effecting certain amendments in the IPC, Criminal Procedure Code and the Indian Evidence Ordinance, 1872.

Provisions have been made for harsher punishment for committing crime against women in the new law, which aimed at checking atrocities against women, a note issued by inspector-general (weaker sections) Arvind Pandey said.

Aaju, 35, a resident of Phulchodh village under Ariari police station, was arrested after a woman belonging to the minority community of the same village submitted a written complaint to the woman police station accusing him of “molestation and causing humiliation”. The victim alleged that Aaju also used force against her.

While Section 354 is bailable under which an accused is granted bail from the police station, the Section 354(A) comes under non-bailable category where the accused has to be produced before a magistrate for bail.

Sheikhpura superintendent of police Meenu Kumari expressed surprise over booking an accused under Section 354(A).

“I am not aware of any such complaint lodged in our district. If this has happened by mistake, it would be rectified soon. After verifying with the police station, a formal request would be sent to the court for the same. Vijay Kumar is in charge of the woman police station as we do not have a woman sub-inspector in the district,” she said.

At present, an assistant sub-inspector is in charge of the woman police station as SHO Kumar is away on training. SP Kumari said that she was aware of the amendments in the law but no police officer can use the section unless it is published in the government gazette and a communication is received from the police headquarters regarding this.

However, Supreme Court senior lawyer Manan Mishra said the SHO had initiated action against the alleged accused keeping in mind that an ordinance was already existing. “His action cannot be described as wrong in terms of law but he should have waited for quite sometime,” he said.

Mishra, who is also Bar Council of India chairman, said the ordinance was as good as law but it should be passed by Parliament within six months. “Had the ordinance not been approved within the stipulated period, the police officer’s action would have become null and void,” he added.

In that case also, the police officer is also safe with President Pranab Mukherjee giving his assent to the Criminal Law (Amendment) Bill, 2013, on April 3. The Criminal Law (Amendment) Act, 2013, came into force with effect from April 3, 2013.