Page 5 - Criminal Law Act

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Congress demands wider consultations on Bills replacing criminal laws

The Congress on Sunday accused Home Minister Amit Shah of "misleading" Parliament and the people about certain provisions in the three new bills that seek to overhaul the country's criminal justice system and demanded wider consultations on the proposed legislations involving experts and public. The opposition party also alleged that these bills, introduced by Shah in Lok Sabha on the last day of the Monsoon session on Friday, were brought by the government in a "clandestine, hidden and opaque manner without any consultations". In a statement, Congress general secretary Randeep Surjewala claimed that without any prior intimation or public consultation or inviting suggestions from legal experts, jurists, criminologists and other stakeholders, the Modi government introduced the three bills from its "black magic hat" on August 11. "The introductory remarks of the Home Minister gave away the fact that Amit Shah is himself out of depth, ignorant and oblivious to the entire exercise," the

Govt wants to impose dictatorship: Sibal slams bills to swap criminal laws

Calling the Bharatiya Nyaya Sanhita (BNS) Bill as "unconstitutional", former law minister Kapil Sibal on Sunday alleged that the government talks about ending colonial-era laws but its thinking is that it wants to impose "dictatorship" through such legislations. The Rajya Sabha MP called on the government to take back the three bills it has brought to replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and Indian Evidence Act, 1872, alleging that if such laws become a reality, they would "imperil the future" of the country. "They (NDA government) talk about ending colonial era laws, but their thinking is that they want to impose dictatorship in the country through laws. They want to make such laws under which action can be taken against Supreme Court and high court judges, magistrates, public servants, CAG (Comptroller and Auditor General), and other government officials," Sibal said at a press conference here. "I want to request judges to be vigilant. If such laws a

Change Hindi names to English: DMK on bills to revamp criminal laws

Dravida Munnetra Kazhagam (DMK) MP Wilson accused the central government of forcing Hindi throughout India by introducing the three recently introduced Bills in Hindi

Pre-arrest bail remedy to be granted in extraordinary cases: Delhi court

A Delhi court has denied pre-arrest bail to a man accused of involvement in organised cyber crime, saying anticipatory bail was an extraordinary remedy and is to be given only in extraordinary cases. Vacation Judge Aparna Swami dismissed the application filed by Shivam Kumar, and directed him to join the investigation. Anticipatory bail is an extraordinary remedy and is to be given only in extraordinary cases. The present (case) does not warrant the same and thus, in light of the above discussion, I do not find this to be a fit case for grant of anticipatory bail, the judge said in an order passed on June 12. The court noted the case involved around 600 victims who were cheated of Rs 4.47 crore. The court also noted cyber police of seven states had issued notices for freezing the bank account of the company of the accused. This being an economic offence, it must be dealt with sternly in the matter of bail... For the case to be taken to its logical end, it requires detailed ...

Default bail can be cancelled on merits after showing chargesheet: SC

The Supreme Court on Monday held that default bail granted to an accused can be cancelled if a special and strong case is made out on filing of a charge sheet. A bench of Justices M R Shah and C T Ravikumar said mere filing of charge sheet will not result in cancellation unless the court is satisfied that a strong case is made out that the accused has committed a non bailable offence. "The bail granted to an accused can be cancelled on merits if a special and strong ground is made out on filing of a charge sheet and the courts are not precluded from considering plea for cancellation of bail," the bench said The observation came while directing the Telangana High Court to consider on merits the CBI's plea for cancellation of bail to Erra Gangi Reddy in connection with the murder of former Andhra Pradesh Minister Y S Vivekananda Reddy Vivekananda Reddy, younger brother of late Andhra Pradesh Chief Minister Y S Rajasekhara Reddy and uncle of incumbent Chief Minister Y S Jagan Mohan ..

Court orders and govt decisions: A look back at criminal justice in 2022

Sedition, bail law, and criminal law reforms--we look at some of the major announcements for criminal justice in India

Elizabeth Holmes appeals her Theranos fraud conviction, prison term

Lawyers for Holmes, 38, filed a single-page notice of appeal without disclosing on what grounds she will ask the Court of Appeals to overturn the guilty verdict reached by a jury 11 months ago

Criminal bills of Karnataka, Jharkhand get President Murmu's assent

The president has given his assent to two legislations of Karnataka and Jharkhand under which audio and video-recordings of evidence in criminal matters would be allowed, besides paving the way for courts to hold trials against absconding accused and punish them in their absence, officials said. The Code of Criminal Procedure (Karnataka Amendment) Bill, 2021 allows evidence to be recorded through audio and video means in the presence of the accused and his lawyers. The Code of Criminal Procedure (Jharkhand Amendment) Bill, 2020 facilitates courts to run trials against absconding accused and punish them in their absence. The presidential assent has been received for the two bills, a home ministry official said. The statement of the object of the Karnataka bill says: "Provided that, evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence in such manner as may be ...

ED filed over 5,400 money laundering cases in 17 years; got 23 convictions

The Enforcement Directorate (ED) has filed more than 5,400 money laundering cases since the criminal law was enacted over 17 years ago and has secured conviction against just 23 persons, say reports

China lowers age of criminal liability to 12 for some serious crimes

China has lowered the age of criminal responsibility for some serious crimes from 14 to 12, as it looks to combat juvenile crime committed by children.

China amends criminal law to formally criminalise doping in sports

China has formally criminalised doping in sports as its top legislature voted to adopt Amendment XI to its criminal law

Centre seeks states' suggestions for overhaul of criminal laws in IPC

The Bureau of Police Research and Development may undertake review of the laws such as the IPC, CrPC, Indian Evidence Act and the Narcotic Drugs and Psychotropic Substances Act

Act allowing death sentence for rape of children gets President's assent

Gang rape of a girl under 12 years of age will invite punishment of jail term for the rest of life or death, the Act says