Page 3 - Indian Penal Code

Morbi bridge collapse: HC rejects bail plea of Oreva Group CMD Patel

The Gujarat High Court on Tuesday rejected the regular bail plea of Oreva Group CMD Jaysukh Patel, the main accused in the October 2022 Morbi suspension bridge collapse which claimed 135 lives. "The application is dismissed," Justice Divyesh Joshi said while denying bail to Patel, who has been behind bars since his surrender in January this year after being named as the main accused in the case. His regular bail pleas were earlier rejected by lower courts. Patel's firm was responsible for the operation and maintenance of the British-era suspension bridge on the Machchhu river in Gujarat's Morbi town which collapsed on October 30 last year, killing 135 people, including children, and injuring 56 others. Patel and nine others have been charged under Indian Penal Code sections 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), 336 (act which endangers human life), 337 (causing hurt to any person by doing any rash or negligent act) and 338 (caus

Parliament security breach: Delhi Police recover pieces of burnt phone

Four days after the Parliament's security was breached, the Delhi Police has recovered fragments of some broken and burnt mobile phones from Rajasthan's Nagaur, an official said on Sunday. Police have added IPC sections related to destruction of evidence to the FIR against the accused. An officer privy to the investigations said a few pieces of mobile phones have been recovered on Saturday on the instance of Lalit Jha, who was among six arrested by the police in connection to the case. A team of Delhi Police's Special Cell on Saturday took Jha to Rajasthan's Nagaur where he stayed with the help of accused Mahesh Kumawat, officials said. Sources said that the Delhi Police has decided to add more IPC sections, including Section 201 (destruction of evidence/disappearance of evidence) in the FIR registered on December 13. Police have filed terrorism charges under the stringent UAPA against the accused. Police officials said Jha and Kumawat intentionally destroyed the mobile phones to

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

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

Shah withdraws Bills on criminal laws, introduces new draft legislations

Home Minister Amit Shah on Tuesday withdrew the three bills to replace criminal laws and introduced a fresh set of draft legislations incorporating recommendations of a parliamentary panel in Lok Sabha. He said instead of bringing several official amendments to incorporate recommendations of the Parliamentary Committee on Home Affairs, the government decided to bring fresh bills incorporating changes. The discussion on the bills will take place day Thursday and voting will take place Friday, Shah told opposition members who demanded sufficient time to study the three bills. He said he introduced the bills on Tuesday so that the members could get 48 hours to study the draft laws. He said mainly five sections have been tweaked and most of the changes relate to grammar and language. The redrafted Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam bill seek to replace the Code of Criminal Procedure Act, 1898, the Indian Penal Code, 186

Supreme Court agrees to examine if woman can be charged with rape

Women are usually the victims of rape but can a woman be booked in a rape case? The Supreme Court has agreed to examine this question after a woman petitioned it for anticipatory bail in a rape case also involving her son. The apex court has asked the Punjab government to respond to the plea filed by a 61-year-old woman who has been implicated in the case filed by her daughter-in-law. While agreeing to examine the issue, a bench of Justices Hrishikesh Roy and Sanjay Karol granted the woman protection from arrest and directed her to cooperate with the investigation. "Issue notice, returnable in four weeks. In the meantime, the petitioner is protected from arrest. But she is expected to cooperate with the investigation of the crime," the bench said. At the outset, advocate Rishi Malhotra, who appeared for the woman, argued that all other penal sections in the FIR are bailable barring the charge under Section 376(2)(n) IPC (repeated rape). Conviction under the section entails ...

Make adultery a crime again, parliamentary panel tells government

The Supreme Court bench held that the law was archaic, arbitrary, and paternalistic and infringed upon a woman's autonomy, dignity, and privacy

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."

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

Mahadev betting app: Mumbai police register FIR against 32 people for fraud

The Mumbai police have registered an FIR against 32 people, including the "promoter" of the Mahadev' betting app, for allegedly committing a fraud of nearly Rs 15,000 crore, an official said on Wednesday. According to the Matunga police official, the first information report (FIR) was registered on Tuesday against app promoter Saurabh Chandrakar, and key accused Ravi Uppal and Shubham Soni and others for committing the fraud since 2019 until now. The case was registered on the direction of the 30th Kurla court under Indian Penal Code sections 420 (cheating), 120-B (conspiracy), IT Act (for cyber terrorism) and the Gambling Act, the official said. As per the FIR, the accused have defrauded people of nearly Rs 15,000 crore. The Enforcement Directorate last week claimed that a forensic analysis and a statement made by a 'cash courier' had led to startling allegations that Mahadev betting app promoters have paid about Rs 508 crore to the Chhattisgarh chief minister so far, and that "th

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

Home panel to adopt draft reports on bills replacing IPC, Evidence Act

The Parliamentary Standing Committee on Home Affairs will meet this week to adopt draft reports on the three bills that seek to replace the Indian Penal Code, the CrPC and the Evidence Act. The panel has informed its members through a notice that the draft reports on Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill will be adopted on October 27. The committee was given three months to examine the three bills and submit its report after Home Minister Amit Shah had requested the chair to refer the bills to the panel for threadbare examination. The committee took the views of various experts, including the Law Commission, during its 11 meetings held so far. The IPC and the Evidence Act are colonial-era procedural laws that form the backbone of Indian criminal jurisprudence along with CrPC.

Perform community service to restore criminal case: MP HC asks lawyer

Judge Anand Pathak asked a lawyer to visit Mercy Home at Gwalior with some food items and spend one hour with those who have been housed there

Parl panel hears experts on bills to replace IPC, CrPC, Evidence Act

A parliamentary panel on Tuesday interacted with a group of experts to seek their views on the three bills which seek to replace the Indian Penal Code, Code of Criminal Procedure and the Evidence Act. The Standing Committee on Home plans clause-wise deliberations on the Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Bill (BS), and Bharatiya Nagarik Suraksha Sanhita over the next two days. In its meeting on Tuesday, the panel heard Priyank Kanoongo, chairperson of the National Commission For Protection Of Child Rights (NCPCR), and other experts. While introducing the bills in the Lok Sabha during the Monsoon session, Home Minister Amit Shah had urged the Chair to refer the three bills to the standing committee for wider consultation and discussion. In August, the committee was given three months to examine the three bills which form the backbone of Indian criminal jurisprudence.

Madras Bar Association passes resolution against renaming of IPC, CrPC, IEA

While introducing the bills, Home Minister Amit Shah said the soul of these three new laws will be to protect all the rights given by the Constitution to the citizens

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

'Legal terrorism:' Calcutta HC calls out women for filing fake cases

The Calcutta High Court said that Section 498A of the Indian Penal Code had been introduced to strike out the dowry menace from the society

Dead rat found in food at Mumbai restaurant; manager, 2 cooks arrested

A person has complained he found a dead rat in a dish he ordered at a restaurant in Mumbai, following which the police arrested the eatery's manager and two cooks, an official said on Wednesday. The customer, who is a bank executive, went to the restaurant located in suburban Bandra after shopping on Sunday night, the official from Bandra police station said. While having dinner, he found a dead baby rat in the chicken dish he had ordered, as per the police. The customer initially did not notice it in the curry and consumed some of it as he thought it to be a piece of chicken. Later, he got suspicious over the meat and found it to be a baby rat, the official said. When he complained to the restaurant staff, they apologised to him. The customer, however, started feeling sick after discovering the rat in the curry and he visited a doctor. Based on his complaint, the restaurant's manager and two cooks were arrested and booked under various Indian Penal Code sections, including 272 .

Test for Opposition: How many of BJP govt's laws will it undo if elected?

If the Opposition wants to offer a different approach to political and economic issues, could it spell out the action it would take on the Bills that were passed despite its opposition, asks T N Ninan

Govt tables bills in LS to end British-era laws of IPC, CrPC, Evidence Act

In a landmark move, Home Minister Amit Shah on Friday introduced three bills in Lok Sabha to replace colonial-era laws, asserting that the proposed laws will transform the country's criminal justice system and bring the spirit to protect the rights of the Indian citizen at the centre stage. Shah introduced the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023 that will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively and said the changes were done to provide speedy justice and creating a legal system that keeps contemporary needs and aspirations of the people. The BNS Bill has provisions that seek to repeal sedition, and award maximum capital punishment for crimes such as mob lynching and rape of minors, the Home Minister said. The Bill also has provisions to provide first-time community service as one of the punishments for petty ...

Provisions for sedition offences to be completely repealed, says Amit Shah

Shah also said that the provision of capital punishment will also be introduced in mob lynching cases