Criminal Procedure Code

Union Home Minister Amit Shah on Sunday said three new criminal laws brought by the Centre will prove to be the "biggest" reform witnessed by India in the 21st century. He also said after the complete implementation of these laws -- Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) -- India will have the most modern and technology-equipped criminal justice system in the world. Shah was addressing a gathering after launching the e-evidence, Nyay Setu, Nyay Shruti and e-Summon apps for the three new criminal laws here. The BNS, the BNSS and the BSA, which came into effect on July 1, replaced the British-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act respectively. Shah said Chandigarh will be the country's first administrative unit where 100 per cent implementation of the three laws will be done in the next two months. He said these new laws, through which the criminal justice system

The DMK on Friday approached the Madras High Court to declare as ultra vires and unconstitutional, the three new criminal laws brought in by the Union government. The three laws-- Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam have come into effect from July 1. They have replaced the Indian Penal Code, The Code of Criminal Procedure Code and the Indian Evidence Act. A division bench comprising Justices S S Sundar and N Senthil Kumar before whom the petition filed by DMK Organising Secretary R S Bharathi came up for hearing, ordered notice to the Centre, returnable by four weeks. According to the petitioner, the government introduced the three Bills and got them passed by the Parliament without any meaningful discussion. In the absence of any substantive changes, mere shuffling of sections was unnecessary and will cause a lot of inconvenience and confusion regarding the interpretation of the provisions, he added. He said shuffling of ...

The Bombay High Court on Friday directed the police to file a detailed affidavit in response to the petition of advertising firm director Bhavesh Bhinde, arrested in the Ghatkopar hoarding collapse case. Bhinde has sought that the FIR registered against him be quashed claiming that the hoarding collapse, which killed 17 persons, was an act of God and he is released on interim bail pending hearing of the plea. He has been booked for culpable homicide not amounting to murder. A division bench of Justices Bharati Dangre and Manjusha said the plea also raises the contention of illegal arrest as the mandatory notice under section 41A of the Code of Criminal Procedure was not issued to the accused first. The bench said the police will have to clarify their stand on this as several judgments say that illegal detention necessitates immediate release. Public Prosecutor Hiten Venegaonkar said a detailed affidavit will be filed. The court posted the matter for further hearing on July 26. Bh

A police officer can detain a person who resists or disregards lawful directions to prevent a cognisable offence, according to the Bharatiya Nagarik Suraksha Sanhita (BNSS) which came into effect on Monday. The BNSS, which replaced the British-era Code of Criminal Procedure, has introduced "a new insertion" as Clause 172 in 'Preventive Action of the Police'. It states that people must conform to directions of the police issued in the course of preventing the commission of a cognizable offence, officials said. The provision allows a police officer to detain such person and produce them before a magistrate or, in petty cases, release the person as soon as possible within 24 hours, they said. Under the BNSS, police officials have been given a layer of immunity in cases of dereliction in carrying out duties on the orders of an executive magistrate to disperse unlawful assembly. In such cases, police officers cannot be prosecuted without the sanction of the government. Under clause 58

Congress leader Jairam Ramesh on Saturday demanded that the enforcement of the three criminal laws, which are to come into force from July 1, be deferred, saying the Bills were "bulldozed" through Parliament. In a post on X, Ramesh said the implementation of the Bills be deferred to enable a thorough review and re-examination by a reconstituted Standing Committee on Home Affairs as they were passed at a time when 146 MPs had been suspended. "On Dec 25 2023, the President of India had given her assent to the Bharatiya Nyaya Sanhita, 2023,the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023. The three far-reaching Bills had been bulldozed through Parliament without proper debate and discussion, and at a time when 146 MPs had been suspended from the Lok Sabha and the Rajya Sabha," Ramesh said. "Earlier the Bills had been bulldozed through the Standing Committee on Home Affairs without detailed interactions with stakeholders across the country and ...

The three criminal laws will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act of 1872

Assam Governor Gulab Chand Kataria has said the three new criminal laws, which replace those from the British era, have been enacted with a more humane approach, marking a significant shift from previous regulations. He made these remarks during a two-day conference titled 'India's Progressive Path in the Administration of Criminal Justice System,' organised by the Department of Legal Affairs, Ministry of Law and Justice, here on Sunday. The three new criminal laws will be rolled out across the country from July 1. In his valedictory address, Kataria noted that the insights and lessons from the conference would significantly impact the effective implementation of the new laws, an official release said. "These laws represent a major departure from the earlier colonial laws, instilling pride in every Indian by shedding the remnants of colonial legal heritage, not only in Assam but throughout the region," he said. The governor highlighted the humane nature of these laws, mentioning .

The district administration has imposed prohibitory orders under CrPC Section 144 in three areas of Madhya Pradesh's Shajapur city after some people threw stones on participants of a religious procession following a dispute. One person was injured in the incident which took place in Magaria area on Monday evening, a police official said, adding that adequate security has been deployed in the area and an FIR registered in this connection. Shajapur Collector Riju Bafna in a post on X said Section 144 of the Criminal Procedure Code (CrPC) has been imposed with immediate effect in three areas - Magaria, Kachhiwada and Lalpura. The situation is currently peaceful and a case has been registered against the miscreants and further legal action is being taken, he said. Seven-eight persons stopped a group of people on Nag-Nagin Road near a mosque at around 8.30 pm on Monday when the latter were taking out a routine evening procession ahead of the Ram temple consecration ceremony in Ayodhya,

Hyderabad MP and AIMIM chief Asaduddin Owaisi on Wednesday alleged that the new criminal bills are a threat to the civil liberty and rights of the people as they give sweeping powers to the police to take action against anyone. Participating in a debate on the three proposed criminal laws in the Lok Sabha, Owaisi said the legislations are against the common people of the country as their rights will be snatched away once they become laws. Union Home Minister Amit Shah introduced the three redrafted bills -- the Bharatiya Nyaya (Second) Sanhita (BNS), the Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS) and the Bharatiya Sakshya (Second) Bill (BSB) -- last week and the Lok Sabha on Tuesday took them up for a debate for their consideration and passage. The proposed legislations seek to replace the Indian Penal Code, 1860, the Code of Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively. Owaisi, the president of the All India Majlis-e-Ittehadul Muslimeen ...

The Delhi Police arrested Purkayastha on October 3, alleging that Prabir Purkayastha conspired with a group called PADS to sabotage the electoral process during the 2019 Lok Sabha polls

NewsClick Wednesday alleged in the Delhi High Court that investigating agencies were abusing the process of law to subject it to criminal prosecution to create a "chilling effect". The court was hearing petitions by the news portal for quashing the cases the Delhi Police and Enforcement Directorate have registered against it over alleged violation of foreign funding laws. "I am being targeted because I happen to be an entity engaged in news circulation on digital platform," said senior advocate Siddharth Agarwal, representing the petitioner, before Justice Saurabh Banerjee. "We have reached a place where criminal law is used as a weapon of choice for chilling effect. There is nothing here that needs to be investigated," argued the senior lawyer. The criminal cases, he added, were intended to "silence" independent and impartial reporting, discourage journalists and "create a chilling effect". PPK Newsclick Studio Pvt Ltd, which owns NewsClick, had moved the high court in 2021 seeki

Union Home Minister Amit Shah on Friday said the three new Bills replacing Indian Penal Code (IPC), CrPC and Indian Evidence Act will be passed by the Parliament soon. Speaking at the Passing Out parade of IPS cadets at the Sardar Vallabhbhai Patel National Police Academy here, Shah said India is dispensing with the laws made during British rule and is entering a new era with new confidence and new hopes. The Parliamentary Standing Committee on Home Affairs is examining the three new bills and they will be passed soon, he said. The new laws are aimed to protect the people's rights, he said. Noting that the women IPS cadets' number is increasing, Shah said under the leadership of Prime Minister Narendra Modi the country is progressing in women-led development.

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.

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

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

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 ...

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

Police in Gautam Buddh Nagar district of Uttar Pradesh on Wednesday invoked restrictions on public assembly under section 144 of the Code of Criminal Procedure (CrPC), ordering that no unpermitted religious activity, such as namaz, puja or processions, would be carried out at public places and roads across Noida and Greater Noida. In unavoidable situations, permission for holding such activities would have to be taken from the commissioner of police or the additional commissioner of police or the deputy commissioners of police concerned of the three zones of the district, according to the order. The restrictions under CrPC section 144 would be effective from July 20 and would remain in force till August 3 for a period of 15 days, according to the order issued by Additional DCP (law and order) Hirdesh Katheriya. The restrictions have been invoked in view of the upcoming Muharram, a sports event that will have participants from foreign countries, a farmers' protest and competitive ...

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 ...

The Supreme Court said on Friday a court must not act mechanically under section 319 of the Code of Criminal Procedure (CrPC) to summon an accused merely on the ground that some evidence has come on record. A bench of Justices Dipankar Datta and Pankaj Mithal made the observation while dismissing an appeal filed by a man challenging a summoning order in a case lodged under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. "A court must not act mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned; its satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction," the bench said. The top court said section 319 CrPC, which envisages discretionary power, empowers the court holding trial to proceed against any person not shown or mentioned as an