Criminal Justice

Pending cases can't disqualify person from seeking opportunities abroad: HC

Mere pendency of a criminal case does not automatically disqualify a person from exercising his right to seek long-term opportunities abroad, the Delhi High Court has noted. The court also directed the passport authorities to issue within two weeks a police clearance certificate (PCC) to a man, who has pending criminal cases and needs to submit a document to Canadian authorities to set up a business there. Noting that the rights and interests of the petitioner must be balanced with the authorities' obligation as a sovereign entity, the high court directed that a PCC be issued to the man explicitly mentioning the pending criminal cases against him as well as the fact that he has complied with the Regional Provident Fund Commissioner's (RPFC) order by making the required deposit. This would provide complete transparency to the Canadian authorities for their assessment of his visa application. The PCC shall be issued in two weeks' time from today, Justice Sanjeev Narula said in an orde

New criminal laws will be India's biggest 21st-century reform: HM Shah

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

Sexual offences now gender neutral, as BNS introduces key changes

The newly enacted Bharatiya Nyaya Sanhita, which replaces the British-era Indian Penal Code, has made sexual offences "gender neutral" for the victim and the perpetrator, according to official documents. "Both boys and girls could get procured for sexual exploitation. The word 'minor girl' in section 366A of the IPC has been replaced with the word 'child' in clause 96 of the BNS to cover both male and female children below the age of 18 years and the offence of procurement has been made punishable," an explanatory note for the new criminal law said. It said Section 366B in the IPC has been made gender neutral by replacing the phrase "importation of girl from a foreign country" with "importation of girl or boy from a foreign country". It has been introduced as clause 141 in the BNS to cover the offence of importing into India any girl under the age of 21 years or any boy under the age of 18 years with the intent that such person will be forced or seduced to illicit sexual acts with .

Maha Police lodges 1st FIR under new criminal law in Sawantwadi: Fadnavis

The first FIR in Maharashtra under the new Bharatiya Nyay Sanhita (BNS) was registered by the Sawantwadi police in Sindhudurg district on Monday, Deputy Chief Minister Devendra Fadnavis said in the state assembly. He did not give details of the case. Three new criminal laws came into effect on Monday, bringing far-reaching changes in India's criminal justice system. The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) replaced the colonial-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively. Fadnavis, who holds the home portfolio, said in the House that the first FIR under the new criminal law provisions was registered at 2.19 am at the Sawantwadi police station. He also said Maharashtra for the first time has a woman chief secretary following the appointment of Sujata Saunik to the post. Rashmi Shukla is the first woman DGP (Director General of Police) of the state, he .

BCI asks centres of legal education to implement 3 new criminal laws

The Bar Council of India has issued a circular directing centres of legal education (CLEs) across the country to immediately implement its various guidelines, including introducing mediation as a compulsory subject. It also said that CLEs will implement the three new criminal justice laws replacing the Indian Penal Code-1860, the Code of Criminal Procedure-1898 and the Indian Evidence Act of 1872 from the academic year 2024-25. The circular dated May 20 and signed by BCI secretary Srimanto Sen was addressed to vice-chancellors and registrars of universities and principals, deans and directors of legal institutions. It said that the circular was being issued in light of the "transformative vision" of legal education as articulated by Prime Minister Narendra Modi and the "collective keenness" of the judiciary and the government for integrating new subjects in legal education. "The Prime Minister also stated that legal education needs to adapt to the changing times and technologies, .

Donald Trump's hush money criminal trial loses two jurors, five remain

Trump has pleaded not guilty to 34 counts of falsifying business records and denies any such encounter with Daniels, whose real name is Stephanie Clifford

3 criminal laws framed with spirit of 'citizen, dignity, justice first': PM

Prime Minister Narendra Modi on Sunday said the three new criminal justice laws were enacted with the spirit of "citizen first, dignity first and justice first" and that the police now need to work with data instead of 'danda'. Addressing the 58th conference of Director Generals of Police (DGPs) and Inspector Generals of Police (IGPs) here, Modi exhorted the police to focus on the safety of women to ensure they can work fearlessly "kabhi bhi aur kahin bhi (anytime, anywhere)." He emphasised that the new criminal laws were framed with the spirit of "citizen first, dignity first and justice first' and instead of working with 'danda', police now need to work with "data". The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam have been enacted recently to replace the Indian Penal Code-1860, the Code of Criminal Procedure-1898 and the Indian Evidence Act of 1872, respectively. The prime minister said these new laws were a paradigm shift in ..

MHA tackles violence in Manipur, brings in new criminal laws in 2023

Tackling challenges like ethnic violence in Manipur and sporadic terror attacks in Jammu and Kashmir while taking landmark steps in overhauling the British-era criminal justice laws and signing peace pacts with insurgent outfits in the Northeast, the year 2023 was a mixed bag for the Ministry of Home Affairs. A long-delayed peace agreement with the pro-talks faction of the United Liberation Front of Asom (ULFA) at the fag-end of the year has given a firm indication that the Home Minister Amit Shah-led ministry is serious about resolving the problems that have affected the Northeast for decades and claimed many lives. A major crisis came to the fore on May 3 when ethnic violence erupted in Manipur after a 'Tribal Solidarity March' was organised in the hill districts of the Northeastern state to protest against the majority Meitei community's demand for Scheduled Tribe status. At least 180 people were killed in violence that continued for months. Shah visited the state for four ...

New criminal Bills mark end of colonial-era laws, watershed moment: PM Modi

Prime Minister Narendra Modi on Thursday hailed the passage of three criminal justice bills that will replace as many colonial-era acts as a watershed moment in India's history, and said it marked the beginning of a new era with laws centered on public service and welfare. "Through them, we have also bid goodbye to the outdated sections on sedition," he said on X after Parliament gave its nod to the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam. These bills will replace the Indian Penal Code-1860, the Code of Criminal Procedure-1898 and the Indian Evidence Act of 1872, respectively. "These bills mark the end of colonial-era laws. A new era begins with laws centered on public service and welfare," the prime minister said. He added, "These transformative Bills are a testament to India's commitment to reform. They bring our legal, policing, and investigative systems into the modern era with a focus on technology and forensic science. .

Counsel's refusal to examine witness due to strike constitutes contempt: HC

Taking a serious note of delay in criminal trials especially on account of non-examination of witnesses, the Allahabad High Court on Friday ruled that any act of a counsel to prevent examination of a witness or refusal to examine a witness due to a strike call constitutes professional misconduct and contempt of court. The observation was made by Justice Ajay Bhanot while hearing the third bail application moved by an accused in a criminal matter, Noor Alam on grounds that in spite of directions to conclude the trial the same is not being concluded. The status report on the case sent by the trial court was to the effect that the lawyers repeatedly struck work. The striking lawyers prevented the examination of witnesses who had appeared before the trial court on the dates fixed. Non-examination of witnesses on various dates derailed the court process and delayed the trial. Consequently the order of this Court was not complied with. "In case examination of a witness is prevented by ..

Committee to frame guidelines on seizure of electronic devices: Govt to SC

The Centre on Wednesday told the Supreme Court that a committee is being constituted and guidelines will be framed regarding the seizure of electronic devices such as phones and laptops by investigating agencies. The apex court had on November 7 asked the Centre to put in place guidelines on the seizure of electronic devices of individuals, particularly media professionals, and had termed it a serious matter. "In this matter, I was to come back with guidelines. The committee is being set up and we will come out with guidelines," Additional Solicitor General (ASG) S V Raju, appearing for the Centre, told a bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia. Raju requested the bench to grant him some time. The top court was hearing two petitions, including one filed by 'Foundation For Media Professionals', seeking comprehensive guidelines for the search and seizure of digital devices by investigating agencies. During the hearing, senior advocate Nitya Ramakrishnan, ...

Undertrial prisoners should be produced via video-conferencing : Bombay HC

The Bombay High Court has said undertrial prisoners should be produced before courts via video-conferencing (VC) whenever permissible, as bringing them physically to courts for every hearing was a cumbersome procedure. A single bench of Bharati Dangre directed the Maharashtra government to make necessary funds available to ensure that every court is provided screens and other video-conferencing facilities. The court order dated November 10 was made available on Friday. The issue was raised in a bail plea filed by one Tribhuvansing Yadav, who had claimed that his application for bail in the lower court was adjourned on 23 occasions, as he was not produced before the court physically or through video-conferencing. The bench noted that as per a report submitted by the inspector of prisons and correctional services in September, 39 prisons in Maharashtra have 329 sanctioned video-conferencing units, of which 291 were functional. The court, in its order, stated that if the facility is

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

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

Mukhtar Ansari gets life imprisonment: What is Awadhesh Rai murder case?

The gangster-turned-politician has been convicted for several crimes and is already serving a 10-year sentence for a kidnapping and murder case

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

Criminal justice system sometimes compounds victim's trauma, says CJI

Chief Justice of India D.Y. Chandrachud said it is "unfortunate" that the manner in which the criminal justice system functions sometimes compounds the victim's trauma

Story in numbers: 3 in 4 prisoners in Indian jails await trial, shows data

Globally, India ranks sixth, after Liechtenstein (91.7 per cent), San Marino (88.9 per cent), Haiti (81.9 per cent), Gabon (80.2 per cent), and Bangladesh (80 per cent)

CJI Ramana flags issue of large population of undertrials in jails

Out of 6.10 lakh prisoners in the country, nearly 80 per cent are undertrials, Chief Justice of India NV Ramana said while stressing the need to increase the efficiency of the criminal justice system

Brutality can't be ignored as crime is against society: Supreme Court

Brutality committed on a victim cannot be ignored in a criminal proceeding as the crime is not against an individual but the society, which needs to be dealt sternly, said the Supreme Court on Monday