Page 60 - Parliament

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

Winter session of Parliament before Lok Sabha polls is usually short

The last winter session of the 16th Lok Sabha in 2018, convened ahead of the 2019 general election, had worked for just 74 hours

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

More than 700 private members' bills pending in Lok Sabha, shows data

More than 700 private members' bills, several of which seek to amend penal provisions and electoral laws, are pending in the Lok Sabha. While several of these bills were introduced in June 2019, when the present Lok Sabha was formed after the parliamentary polls, some were tabled as recently as August this year during the Monsoon Session of Parliament. Private member bills are those introduced by MPs in their personal capacity. The aim of bringing a private bill is highlighting new laws that they think should be introduced or changes they believe are necessary in the existing statutes. According to a Lok Sabha bulletin issued on Friday, 713 such bills are pending in the Lower House. These bills deal with issues such as bringing a uniform civil code, gender equality, climate change, agriculture, amendment to the existing criminal and electoral laws and tweaking constitutional provisions. The second half of Fridays when Parliament is in session is reserved for the members to introdu

Govt planning integrated transportation project for Central Vista area

Central Vista refers to the main government administrative buildings of the country. It houses the Rashtrapati Bhawan, Parliament House, North and South Block, and India Gate, among other buildings

FY24 supplementary grants: Big cash flow unlikely this winter session

The government has exhausted only 39 per cent of its fiscal deficit target in the first half (April-September) of FY24

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."

Minimum six-month jail term proposed for those selling adulterated food

A parliamentary panel has recommended a minimum imprisonment of six months for those selling adulterate food or drinks along with a minimum fine of Rs 25,000. In view of the serious health issues that can result from the consumption of adulterated food, the punishment provided for the offenders under this clause is inadequate, the Parliamentary Standing Committee on Home Affairs headed by BJP MP Brijlal said. "The committee recommends that a minimum punishment of six months be provided for the offence under this clause along with a minimum fine of Rs 25,000," it said. Referring to the sale of noxious food or drinks, the panel said the offence has the potential to affect the public at large and that the punishment provided for the offenders under this clause is also inadequate. "The committee recommends that a minimum punishment of six months be provided for the offence under this clause along with a minimum fine of Rs 10,000," it said. At present, the offence of food adulterati

Handcuffs should not be used for economic offenders: Parliamentary panel

People taken into custody for economic offences should not be handcuffed and clubbed with those arrested for heinous crimes such as rape and murder, a parliamentary committee has recommended. The Parliamentary Standing Committee on Home Affairs, headed by BJP MP Brijlal, also recommended changes to the Bharatiya Nagarik Suraksha Sanhita (BNSS) on the issue of police custody of an accused beyond the first 15 days from arrest. The Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) bill was introduced in the Lok Sabha on August 11 along with the Bharatiya Nyaya Sanhita (BNS-2023) and the Bharatiya Sakshya Adhiniyam (BSA-2023) bills. The three proposed laws seek to replace the Code of Criminal Procedure Act, 1898, the Indian Penal Code, 1860, and the Indian Evidence Act, 1872, respectively. The parliamentary panel noted that it felt the use of handcuffs, as outlined in Clause 43(3) of the BNSS, is appropriately restricted to select heinous crimes to prevent escape of individuals accused of

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

Digital India Bill may have provisions against bundling, tying of services

With a chapter on Open Internet, the new bill would aim to ensure that internet-based services are provided in a non-discriminatory manner

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

Will be back with bigger mandate: Moitra on LS expulsion recommendation

Trinamool Congress MP Mahua Moitra on Friday said she will be back with a bigger mandate in the 2024 general elections, a day after the Lok Sabha Ethics Committee recommended her expulsion from the House in the "cash-for-query" matter. She is accused of accepting "illegal gratifications" from a businessman to raise questions in Parliament at his behest. "Proud to go down in parliamentary history as first person to be unethically expelled by Ethics Committee whose mandate doesn't include expulsion. First expel and then ask government to ask CBI to find evidence. Kangaroo court, monkey business from start to finish," the Trinamool Congress (TMC) leader said in a post on X. In another post, in an apparent reference to businessman Gautam Adani, the Krishnanagar MP said, "Also Mr. Adani - don't waste your time telling everyone 'Mahua's ticket will be cut'". "Only thing that will be cut is your market capitalisation as your house of cards unravels," she said and asserted, "Like I said I

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

Winter session of Parliament from December 4, to have 15 sittings

The session could see the government seeking a Parliamentary nod for additional fiscal spending, especially to allocate funds for MNREGA and fertiliser subsidy

Winter Session 2023 of Parliament to take place between December 4-22

There will be 15 sitting over 19 days during the Winter Session 2023 of Parliament

Parliament's winter session likely to commence in second week of December

The Winter session of Parliament is likely to commence in the second week of December and could conclude ahead of Christmas, sources said on Wednesday. The session, they said, could commence days after the counting of votes in five states on December 3. Three key bills which seek to replace the IPC, CrPC and the Evidence Act are likely to be taken up for consideration during the session as the standing committee on Home has already adopted the three reports recently. The Winter session usually commence in the third week of November and concludes ahead of December 25. Another key bill pending in Parliament relates to the appointment of chief election commissioner and election commissioners. Introduced in Monsoon session, the government had not pushed for its passage in the special session of Parliament amid protests from the opposition and former chief election commissioners as it seeks to bring on a par the status of the CEC and ECs with that of the cabinet secretary. At present,

Mahua Moitra, Nishikant Dubey spar ahead of Lok Sabha's ethics panel meet

Trinamool Congress leader Mahua Moitra on Tuesday claimed that the meeting of the Ethics Committee of the Lok Sabha was postponed to keep a Congress member away from the proceedings and adopt the report by a majority, prompting a sharp retort from BJP MP Nishikant Dubey. The Lok Sabha Ethics Committee, chaired by BJP MP Vinod Kumar Sonkar, was scheduled to meet on Tuesday to consider and adopt its draft report on the cash-for-query allegations against Moitra. The meeting has now been postponed to November 9. Keeping up the attack, Moitra claimed that no draft report of the committee was circulated to the members and that the BJP leaders were reaching out to allies to ensure their attendance to adopt the report by majority. Dubey, whose complaint against Moitra to Lok Sabha Speaker Om Birla led to the Ethics Committee proceedings, took a dig at the Trinamool Congress MP contending that it was her guilty conscience that was leading her to worry about the proceedings of the parliamenta

Ethics Committee in Parliament: History, constitution & role | Explained

The Ethics Committee is one of 36 parliamentary panels of the Lok Sabha. Read on to find out more about its history, role and how it is related to the 'cash-for-query' case