Page 4 - Criminal Law Act

Govt re-introduces 3 criminal law Bills after making minor changes

Economic security now part of terrorism definition in redrafted criminal law Bills

Amit Shah to re-introduce three new Criminal Law bills in Parliament

These bills seek to replace the Indian Penal Code (IPC) 1860, the Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act, 1872, respectively

Mamata Banerjee writes to Shah, seeks consensus-building on criminal laws

The Bharatiya Nagarik Suraksha Sanhita 2023, the Bharatiya Nyaya Sanhita 2023, and the Bharatiya Sakshya Bill 2023 were introduced in the Lower House of Parliament on August 11

Parliamentary panel seeks robust safeguards for technology in legal process

A parliamentary panel, which examined the three proposed criminal laws, has hailed the move to enhance the use of technology in legal proceedings but said the adoption of electronic means for communication and trials should proceed only after the establishment of robust safeguards. The Parliamentary Standing Committee on Home Affairs, headed by BJP MP Brij Lal, also said enabling online or electronic FIR registration is a positive step forward but these should be allowed only through modes specified by the state. "The committee notes that the Sanhita provides for acceptance of trials in electronic mode as provided in 'Clause 532' wherein all trials, inquiries, and proceedings may be held in electronic mode by production of electronic communication devices, likely to contain digital evidence, for investigation, inquiry, or trial," the panel noted. "Electronic communication includes communication through devices such as mobiles, computers, or telephone. The committee notes the enhance

Parliamentary panel approves Hindi names for proposed criminal laws

A parliamentary panel has held that the Hindi names given to the three proposed criminal laws is not unconstitutional, dismissing criticism against the move by some political parties and their leaders. The Parliamentary Standing Committee on Home Affairs headed by BJP MP Brijlal has taken note of the wording of Article 348 of the Constitution, which says that the language to be used in the Supreme Court and in the high courts, as well as for Acts, Bills and other legal documents shall be in English language. "The committee finds that as the text of the Sanhita is in English, it does not violate the provisions of Article 348 of the Constitution. The committee is satisfied with the response of the Ministry of Home Affairs and holds that the name given to the proposed legislation is not in violation of Article 348 of the Constitution of India," the panel said in its report submitted to Rajya Sabha. The Bharatiya Nyaya Sanhita (BNS-2023), Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) a

At least 6-month jail for selling adulterated food: Parliamentary panel

The committee also observed that "most cases under the Prevention of Food Adulteration Act, 1954, are acquitted because of procedural lapses in sample collection, etc."

7 years' jail 'high' for offence of death by negligence, says House panel

A parliamentary committee has noted that the seven years' imprisonment prescribed in the proposed new criminal law for causing death by negligence is "high" and it should be reduced to five years. The Parliamentary Standing Committee on Home Affairs, headed by BJP MP Brijlal, also observed that the 10-year jail suggested in the Bharatiya Nyaya Sanhita (BNS) for those who cause death of a person by rash or negligent act and escape from the scene of the incident or fail to report the incident to police or a magistrate, needed to further be deliberated for whether the clause should be retained at all. "The committee feels that the punishment provided under clause 104(1) is high as compared to the provision for the same offence under section 304A of IPC. The committee, therefore, recommends that the proposed punishment under clause 104(1) may be reduced from seven years to five years," the panel noted. According to the Section 104 (1) of the BNS, whoever causes the death of any person b

Three proposed criminal laws are much-needed reforms: Parliamentary panel

A parliamentary panel, which examined the three proposed criminal laws, has noted that the legislations are much-awaited and much-needed reforms as well as imperative for smooth and transparent functioning of the legal system. The Parliamentary Standing Committee on Home Affairs, headed by BJP member Brijlal, also made a host of recommendations on provisions related to rape, gang rape, murder and unnatural sex among others. The proposed laws are Bharatiya Nyaya Sanhita (BNS-2023), Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) and the Bharatiya Sakshya Adhiniyam (BSA-2023. The three bills, which were introduced in the Lok Sabha on August 11, will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively. The reports were submitted to Rajya Sabha on Friday. The committee appreciates that the proposed Sanhita has raised the age of sexual consent for married women from 15 to 18 years with certain exceptions. The panel welcomes t

Parl panel reports on bills to replace criminal laws submitted to Dhankhar

Reports on the three bills which seek to replace the criminal and procedural laws were submitted to Rajya Sabha Chairman Jagdeep Dhankhar on Friday. The Vice President's Secretariat posted on X that chairman of the standing committee on home Brij Lal called on Dhankhar in Parliament and handed over the three reports. Soon after Home Minister Amit Shah had introduced the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bills in Lok Sabha in August, he had urged the Speaker to refer the measures to the standing committee for threadbare examination. Shah had described the current set of laws guiding the criminal jurisprudence as a colonial legacy, a reference to their British Raj provenance, and asserted that they focussed on punishment while the proposed laws give primacy to justice. The standing committee on Home, which comes under the Rajya Sabha secretariat, was given three months to examine the bills which seek to replace the Indian Penal

Draft reports on bills to replace criminal laws likely to be adopted Monday

A parliamentary committee scrutinising three bills to replace the existing criminal laws will meet on Monday to adopt draft reports, days after some opposition members had sought an extension for the panel to go through the measures in greater detail. On October 27, the standing committee on Home could not adopt the three draft reports as some opposition members pressed for more time to study it. Some opposition members had urged panel chairperson Brij Lal to seek an extension of three months in its tenure and "stop bulldozing these bills for short-term electoral gain". For making a robust legislation that serves the marginalised, the committee should not adopt a final report in the next few days or in November. "We will be mocking the process of legislative scrutiny if we do so," an opposition MP had said in a communication, according to opposition sources. However, BJP sources said the committee has engaged in an extensive consultation process and will meet its deadline of three

Draft report on bills to replace criminal laws not adopted, meet on Nov 6

A parliamentary committee scrutinising three bills to replace existing criminal laws did not adopt its draft report as scheduled on Friday, taking into account the submission of some opposition members that they needed more time to study it. The Standing Committee is now expected to meet on November 6. Sources said some opposition members, including P Chidambaram of the Congress, had written to the committee's chairperson Brij Lal, seeking more time to study the draft report and file their views as it entailed three separate bills. Seeking a complete overhaul of colonial-era criminal laws, Home Minister Amit Shah had introduced in Lok Sabha during the Monsoon session three Bills to replace the Indian Penal Code (IPC), The Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 with Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, respectively. The House later sent the bills to the committee for scrutiny.

Many regressive colonial-era criminal laws retained in new bills: IPF

A think-tank working for police reforms on Wednesday claimed that most of the "regressive" provisions in colonial-era criminal laws have been retained in the three new bills pending before Parliament to replace the IPC, the CrPC and the Indian Evidence Act. The Indian Police Foundation (IPF) has submitted a memorandum to the parliamentary committee on Home, urging for fundamental changes in the Indian criminal justice system while enacting the three proposed laws -- Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bharatiya Sakshya (BS) -- currently under consideration in Parliament. The BNS, the BNSS and the BS seek to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act, respectively. "While expectations were raised that the new legislations would present a unique opportunity to fix a broken criminal justice system, the IPF is disappointed that most of the regressive provisions in the colonial criminal la

Proposed criminal laws seek to provide justice rather than punishment: Shah

Union Home Minister Amit Shah on Sunday said the three proposed criminal laws are people-centric, have the flavour of Indian soil and their main purpose is to protect the constitutional, human and personal rights of citizens. Addressing the International Lawyers' Conference organised by the Bar Council of India here, Shah also said the approach of the three bills is also to provide justice rather than mete out punishment. He appealed to all lawyers in the country to provide their suggestions to the Bharatiya Nyaya Sanhita (BNS-2023), Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) and the Bharatiya Sakshya Adhiniyam (BSA-2023) so that the country can have the best laws that benefit all. The three bills, which were introduced in the Lok Sabha on August 11, will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively. "India's criminal justice system was imprinted with colonial law. All three new bills do not have colonial impr

BJP MP seeks steps to act on those involved in subversive activities abroad

A BJP MP on Friday called for legal provisions to act against those involved in vandalising Indian assets and insulting its flag abroad at a parliamentary panel meeting here to debate three proposed laws to replace the IPC, CrPC and the Indian Evidence Act. With members of the Standing Committee on Home Affairs offering a host of suggestions, its Chairperson Brijlal asked them to submit their views in writing in 15 days, drawing protest from Digvijay Singh of the Congress who claimed it was a short period to study such a complex issue, sources said. Citing recent targeting of Indian embassy and consulate by Khalistani separatists, BJP member Dilip Ghosh suggested that legal measures should be put in place to act against those involved in such activities as he noted that some of them are Indian passport holders as well, sources said. The national flag is also disrespected by them, he added. These incidents insult the country and pain Indians, he said during the deliberation on the ..

IPC, CrPC and Indian Evidence Act would be Indianised: Law minister Meghwal

"We need to think the Indian way and that is why the Home Minister has introduced these bills in Parliament recently" the minister said

Parl panel meets to examine bills seeking to replace existing criminal laws

A parliamentary panel met here on Thursday to examine the bills which seek to replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and the Evidence Act. Home Secretary Ajay Bhalla is scheduled to make a presentation on the three bills - the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Bill - before the members of the committee. The three bills seek an overhaul of the existing laws, described as a colonial legacy by Home Minister Amit Shah in Lok Sabha when he introduced them in the last session, by replacing them with new Acts catering to contemporary needs and aspirations of the people. The standing committee has to submit its report in three months, in time for the government to table the updated bills in the next session of Parliament. BJP member Brij Lal is the chairman of the Standing Committee on Home Affairs. While introducing the bills, Shah had said these would transform India's criminal justice system and added the

TMS Ep503: SIM card crackdown, new criminal laws, RIL AGM expectation, etc

Why is the govt worried about SIM card dealers? Are India's criminal laws changing for the better? What is D-Street expecting from Reliance AGM? What is a demon particle? All answers here

Parl panel members seek schedule revision to discuss key criminal law bills

Some members of the Parliamentary Standing Committee on Home Affairs which is set to discuss the three key criminal law bills have protested against being asked at "short notice" to participate in meetings to discuss the proposed legislations. At least three members - TMC's Derek O'Brien and Kakoli Ghosh Dastidar, and Congress leader Digvijay Singh - have written to the committee chairman Brijlal questioning the scheduling of the meetings on August 24, 25 and 26 and demanding that the dates be revised, sources said. The committee is scheduled to discuss the Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and Bharatiya Sakhshya Bill, 2023 that seek to overhaul the Indian criminal justice system by replacing the Indian Penal Code 1860, the Code of Criminal Procedure 1898, and the Indian Evidence Act, 1872. The committee, according to the original schedule, was to meet on August 24 to adopt a draft report on 'Prison-Condition Infrastructure and Reforms

Indian Navy to remain proactive in tackling security threats: Prez Murmu

The President also extended her best wishes to the Indian Navy for the launch of the warship

India's new criminal law: Are leaders putting symbolism above good sense?

The government has a weakness for unleashing giant new changes on an unsuspecting country without any real consideration for how they will be implemented