ગુજરાતી
English
Now if you insult Gandhiji, it will not be a crime
Police can arrest you at any time and put you in jail for up to 90 days
Three criminal laws came into force across the country from July 1
Ahmedabad, July 2, 2024
Three laws of the criminal justice system are being implemented. In which many good provisions have been made. The government and the police are promoting their good things.
Indian Penal Code, 1860- IPC will be replaced by the Indian Penal Code (BNS), 2023
Indian Civil Security Code (BNSS) 2023 replaces the Code of Criminal Procedure 1973 (CrPC)
Indian Evidence Act 1872 (IE Act) will be replaced by the Indian Evidence Act (BSA) 2023.
But it is important to tell what the government is silent on.
First of all, 146 MPs were suspended and expelled. ‘India’ is now ‘bulldozer justice’.
The opposition calls these laws bulldozer justice.
Legal experts are warning about this.
Legal experts say that the laws were passed at a time when more than 150 members of the opposition bench were suspended. Neither was it discussed properly nor did anyone have time to study it.
Doubts are being expressed that these laws will establish police rule. The police have got more powers to arrest, handcuff and detain a criminal. Laws have been misused in the country before and what is the guarantee that the police will not misuse their powers now.
The current cases will drag on in the court for years, while cases are bound to increase under the new law. That is, a parallel justice system will be in place for the next two-three decades.
Due to which the entire system is likely to come to a standstill.
Police custody
Many legal experts say that if the British laws were cruel, then the current laws are 10 times more cruel than that. The new law states that police custody can be extended to 90 days, that is, torture will continue for 90 days instead of 15 days.
The police are allowed to keep the accused in custody for 90 days. Former judges and human rights organizations have expressed concern over this issue. They believe that now the police can keep the accused in custody for 90 days even for a normal crime. Earlier only 15 days of police remand was available. But now it can be given for 60 or 90 days. Many legal experts are expressing concern about such a long police remand before the hearing of the case begins.
The provisions banning mercy petitions are also beyond comprehension.
There are many issues on which opinions are divided. It remains to be seen how the new laws work. It is also the responsibility of the Central Government to ensure easy and accessible justice to the public.
Article 21 of the Constitution clearly states that no person shall be deprived of life and liberty except according to the procedure established by law.
First offence
According to news agency ANI, the first FIR under the BNS section of the new law was registered on July 1 at Delhi’s Kamla Market police station, where a street vendor was arrested for obstructing and selling goods under the foot over bridge of New Delhi railway station. A case has been registered against the street vendor under section 285 of the BNS.
Pass law to remove sand
Narendra Modi does not believe in the Constitution. This was the reason why 146 MPs were suspended and new criminal laws were brought in. Today this law came into force across the country and its first victim was a street vendor. According to reports, the man was struggling to earn a living in Delhi, after which the FIR was registered.
States oppose
Some states are also opposing the name of this law. Two southern states – Karnataka and Tamil Nadu – have said that the names of these laws violate Article 348 of the Constitution, which requires the names of laws to be in English.
Many such objections and questions have been raised regarding these three laws which have been ignored by the central government. For example, the Chief Ministers of West Bengal and Tamil Nadu demanded that the Act should not be implemented right now.
Karnataka State Law Minister H.K. The Patil-led committee to study the three laws submitted its report to Union Home Minister Amit Shah last year, in which the Home Ministry had sought suggestions from the state governments. But the central government has not responded to Karnataka’s suggestions.
The committee described many provisions of the Act as “symbolism and adhocism” in the name of liberation from colonial laws.
DMK spokesperson and lawyer Manuraj Shanmugam believes that the new law will have the greatest impact on those fighting the case.
Gandhiji
Insulting the national flag, the national anthem and the Father of the Nation Mahatma Gandhi will not be considered a crime under the Indian Judiciary Code.
Until suicide
Declared as Radha. When fasting is made a crime. Mahatma Gandhi did fasting and satyagraha, which gave freedom to the country. Now it is a crime. This simply means that people cannot do fasting movement. The right to travel from India has been taken away.
Plea for mercy
Now only the convicts sentenced to death can file mercy petition. Earlier, NGOs or civil society groups also filed mercy petitions on behalf of the convicts.
There is no provision for sexual exploitation of men in the new law. Recently
However, the Law Commission recommended in the year 2000 that rape laws in the country should be made gender-based i.e. without any kind of exploitation. Gender discrimination should apply to all.
IPC 377 has been completely removed from the Indian Judiciary Code. This law is being used for many types of unnatural sex.
The new law does not include crimes like cyber crime, hacking, economic crimes, hiding money, depositing money in tax havens, causing digital damage etc.
There are basic irregularities in the implementation of the new law. The Indian Judicial Code and the Indian Civil Security Code lack clarity at many places and are self-contradictory at many places.
Objection to renaming the CRPC as the Indian Civil Security Code (BNSS).
So that the police can be empowered more.
Filing an FIR will give the police 14 days to conduct a preliminary investigation
The Supreme Court had said that if the complaint involves a cognizable offense, then it is mandatory to register an FIR.
The fact that head constables have been given the power to arrest anyone and charge them with terrorism is also a matter of great concern.
Any crime committed by a person is considered a crime, even if it is very minor. Crime can be registered and charges can be made on the basis of association with a person.
If you protest against CAA (Citizenship Amendment Act), you can also be accused of being involved in a terrorist act and being against the country.
The sections added are not in accordance with the Constitution. Not in accordance with freedom of expression.
Apart from the states of Karnataka, Tamil Nadu and West Bengal, no other non-BJP government has expressed strong opposition to these laws.
Getting into legal trouble.
Meanwhile, the Kolkata Bar Council is going to oppose the new law.
Sex under false promise of marriage has been specifically considered a crime. It will be punishable by up to 10 years.
It has now been made mandatory to collect forensic evidence in the investigation.
Greater use of information technology, such as recording of search and seizure, conducting all interrogations and hearings in online mode.
Fear, doubts and objections
A week before the law came into force, two chief ministers of opposition-ruled states, West Bengal Chief Minister Mamata Banerjee and Tamil Nadu’s MK Stalin, wrote to Union Home Minister Amit Shah, demanding that the law not be implemented.
Article 348 of the Constitution states that laws introduced in Parliament should be in English.
The three new criminal laws will face a major “jurisdictional problem” from July 1. The biggest concern is that the accused’s “life and liberty may be in danger.”
The three criminal laws have appealed for a stay pending further discussion. Once again, this should be seriously considered.
The Indian Penal Code has been judicially interpreted by the Supreme Court, which lawyers and judges are well aware of. But, for a new law, unless the Supreme Court decides on a specific provision of the law, each of the hundreds and thousands of magistrates in the country can interpret the law differently. In such a situation, there will be no uniformity.
The accused will get trapped more.
What will happen to the millions of backlog cases?
The new criminal laws make a mockery of the Constitution.
India’s new criminal laws: reform or repression?
These laws make a mockery of the rights enshrined in the Constitution. This is against democracy and the democratic Constitution and is a step towards a Hindu nation.’
If laws have been made to remove the ‘slave mentality’, on the other hand provisions have also been made to make slaves. You cannot just protest against the government.
There are a lot of apprehensions about the new law. There is also a debate going on that these laws are not in public interest.
It becomes very important to understand what is in the new criminal law.
Terrorism
Article 113(1) of the Indian Judiciary Code states that if a person commits any such activity with the intent to spread terror, which threatens the unity, integrity, sovereignty or economic security of India, then it will be considered a terrorist activity.
If a person commits a terrorist activity and due to it people die, then if found guilty, he will be sentenced to death or life imprisonment. Other terrorist activities can be punished with up to five years in prison.
If someone is sentenced to life imprisonment, he will not get parole.
In the new law, damage to public facilities or private property has also been brought under the purview of terrorism. If the important infrastructure of the government is damaged, then the person doing so will be prosecuted under the terrorism rules.
In such a situation, there is a fear that if someone commits vandalism during the protest, will he be prosecuted under the same law? Terrorism has been defined in such a way that the police can also target ordinary citizens.
Sedition
The government may have abolished the sedition law, but a new law has been made under the crime against the country. People who riot and protest can also be brought under the purview of the law. There is a new law for acts that threaten the sovereignty, unity and integrity of India.
Which is similar to treason. There is such a fine line between freedom of expression and national security that even protesters come under the purview of the law.
The fear here is that if someone protests against the government, then he will be punished.
If he visits the temple, will the police take action against him under the sedition law? Although protests come under the purview of freedom of expression, if someone raises slogans against the government during this time, the police can take action against him under the new law.
Handcuffs
Under Section 43(3) of the Indian Justice Security Code or BNSS, the police are allowed to handcuff the accused. It states that the police officer can handcuff the accused keeping in mind the nature of the crime and its heinousness. The section says that if the accused is a habitual offender, has escaped from police custody, has committed organized crime, illegal weapons have been recovered from him, then in such cases the police can handcuff him.
If a person is involved in murder, rape, acid attack, counterfeit notes, human trafficking, sexual crimes against children, crime against the state, then the police can also handcuff him.
According to the law, a person convicted of petty theft, defamation and attempting suicide to remove a government official from his job can get this punishment.
If someone is sentenced to community service, what does he have to do? This decision is completely left to the judges. (Google translation from Gujarati)
