Indian Penal Code

Bombay HC grants bail to 14 accused in Mira Road communal violence case

The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the communal violence in Mira Road on the eve of the consecration of the Ram Temple in Ayodhya, noting that their further detention appeared "tenuous". A single bench of Justice N J Jamadar on Monday noted that prima facie, it cannot be inferred that there was a premeditated conspiracy to assault people part of the convoy taken out to celebrate the temple consecration ceremony in January this year. The bench also highlighted that no CCTV footage showed the accused persons assaulting the complainant or anyone else. The court said the probe in the case was complete, and since the accused have roots in the society, the possibility of fleeing from justice was remote. The bench also took note of the fact that the accused have been in custody since January, and it appears extremely unlikely that the trial will be concluded soon. Hence, further detention would be unwarranted. The accused, bo

PM Modi watches live demo of crime scene probe under new criminal laws

Prime Minister Narendra Modi on Tuesday witnessed a live demonstration simulating a crime scene investigation under the new criminal laws here. Modi arrived in Chandigarh earlier in the day to dedicate to the nation the successful implementation of the three new laws. The three criminal laws -- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam -- came into effect on July 1, replacing the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively. A live demonstration of the process of collecting evidence and recording statements was given by the Chandigarh Police at an exhibition hall set up at the Punjab Engineering College here. The programme showcased the practical application of the new laws. Modi was also briefed by Chandigarh Senior Superintendent of Police Kanwardeep Kaur. The prime minister was accompanied by Union Home Minister Amit Shah, Punjab Governor and Chandigarh Administrator Gulab

Section 498A, Domestic Violence laws among most abused in India: SC

Section 498A of the IPC and the Domestic Violence Act have often faced criticism for being allegedly misused by women to falsely implicate their husbands and in-laws

Shimla mosque controversy: Protestors break barricades, clash with police

Protestors demanding the demolition of an illegal structure in a mosque in Shimla's Sanjauli area were lathi-charged by security forces on Wednesday after they broke police barricades during a demonstration. Raising slogans of "Jai Shri Ram" and "Hindu Ekta Zindabad", hundreds of protestors gathered at the Sabzi Mandi Dhalli and marched towards Sanjauli to lodge their protest and broke the barricades erected near the Dhalli tunnel. As the protestors, who had gathered on the call of Hindu groups, broke the second barricade near the mosque, police resorted to lathi-charge and used water cannons to disperse them. Amid escalating tensions over the unauthorised construction in the Sanjauli area mosque and a bandh call sounded by Hindu outfits to press for the demolition of the disputed structure, Sanjauli and adjoining areas have been converted into a fortress with heavy police deployment. The Shimla district administration issued prohibitory orders under section 163 of the Bharatiya ..

Porsche case accused played with judiciary, tampered evidence: Prosecution

The case pertains to the May 19 incident in which a Porsche car, allegedly driven by a minor in an inebriated condition, hit two IT professionals, killing them in the Kalyani Nagar area of Pune

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

DMK moves high court against 3 new criminal laws introduced by Centre

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 ...

Criminal law in concurrent list, states can make amendments: Chidambaram

Congress leader P Chidambaram on Tuesday welcomed the Tamil Nadu government's decision to appoint a committee to suggest state-specific amendments to the three new criminal laws and asserted that criminal law is a concurrent list subject which makes the state legislature competent to make amendments. He also stressed that criminal laws that are in consonance with modern principles of criminal jurisprudence must be enacted. "I welcome the decision of the government of Tamil Nadu to appoint a Committee to suggest state amendments to the three criminal laws that came into force on 1 July 2024," the former home minister said in a post on X. Criminal Law is a subject in the concurrent list of the Constitution and the state legislature is competent to make amendments, Chidambaram said. "I also welcome the appointment of Justice (retd) Mr K.Sathyanarayanan as the one-person Committee. I request the Committee to hold consultations with all stakeholders including judges, lawyers, police, la

BNS implemented without discussions, not a welcome change: Amartya Sen

Nobel laureate Amartya Sen on Saturday said he does not consider replacing the IPC with the Bharatiya Nyaya Sanhita (BNS) a "welcome change" as it was done without holding a wide-ranging discussion by involving all stakeholders. Speaking to reporters in Santiniketan, Sen said extensive discussions were needed before enacting new laws. "There has not been any evidence that any such wide-ranging talks had preceded before enacting this with all the stakeholders. Also in this vast country, the problems faced by a state like Manipur and another state, say Madhya Pradesh, cannot be the same," he said. "Any move to usher in such a change with the help of the majority sans any discussion with all sides concerned, cannot be labelled as a welcome change, a good change which augurs well by me," he added. Sen was also asked about the Lok Sabha election results. He said, "The election results reflect that such (Hindutva) brand of politics has been thwarted to some extent." The economist said

Police can detain people who resist, disregard law under BNSS provisions

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

Day 2 of new criminal laws: Arrests, police training, criticism & more

The three new criminal laws aim to modernise the criminal justice system. With states organising awareness programs and FIRs already filed under the new laws, here are the latest updates

Manipur CM rejects report on resignation, asks media to not spread rumours

Manipur Chief Minister N Biren Singh on Monday described a report on his resignation as unfounded and asked the media not to spread rumours. Singh also claimed that it is an attempt by political rivals who want to take advantage of the prevailing situation in the state which has been in the grip of violence since May last year. His statement came three days after a media outlet reported that Singh is likely to resign soon. "Manipur is passing through a troubled time. In such a crucial time, the leaders of Manipur can't afford to be weak. We are fully confident of our abilities, the chief minister said. Addressing the Manipur issue is more important, Singh told reporters after attending a programme in Imphal on the implementation of three new criminal laws across the country. The rumours (on resignation) are possibly spread by those who want to be CM and ministers, as well as the opposition, he said. The chief minister said that his government communicates regularly with the PMO a

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 .

Three new criminal laws symbol of India's progress, resilience: BJP

The BJP on Monday said that the new criminal laws are a symbol of India's progress and resilience, positioning the country for a more just and secure future. Responding to a question in a press conference, Bharatiya Janata Party (BJP) national spokesperson Gaurav Bhatia said the Indian Penal Code (IPC) and the Indian Evidence Act, originating from 1860 and 1872, respectively, were outdated and ill-equipped to address contemporary issues. "Today is a historic day in the annals of our free country, India. An evolving society needs laws that cater to its needs and demands, protecting its rights," he said. Three new criminal laws came into effect in the country on Monday, bringing far-reaching changes in India's criminal justice system. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) take into account some of the current social realities and modern-day crimes. The new laws replaced the British-era IPC, Code of Crim

First case under Bharatiya Nyaya Sanhita filed against Delhi street vendor

The case has been registered against a street vendor under Section 285 of Bharatiya Nyaya Sanhita for obstruction under foot over bridge of New Delhi Railway Station and making sales

Puducherry govt all set to implement new criminal laws from July 1

The Puducherry government on Satruday said all necessary steps have been taken to implement the new criminal laws, which are to come into effect from July 1. PWD and Law Minister K Lakshminarayanan said already training has been imparted to all those concerned with implementation of the new laws-- Indian Penal Code, Criminal Procedure Code and the Evidence Act. He said a manual had already been published for the benefit of the police and advocates highlighting the features of the new legislations. "It is a Central Act and we have no say and we implement the Actfrom July 1." A comparative picture is also presented between the new and the old criminal laws. "We also propose to publish the book and make it available for a price to the public and others soon," Lakshminarayanan said. A meeting will be held on Monday to bring to focus the features of the new legislations. The Lt Governor, the Chief Minister of Puducherry, Law Minister and high ranking police officials would participate

Translation of new criminal laws into Tamil on, implementation from Jul 1

The translation of new criminal laws into Tamil has already been taken up and it is likely to be completed soon, official sources have said. Requisite training has been provided to police personnel for implementation of the new criminal laws from July 1, 2024. All efforts have been taken to ensure that the police personnel do not have any difficulty in invoking appropriate sections for specific offences, sources said. Official sources told PTI that the work of translating all the three new criminal laws is going on and it is likely to be completed soon. Following completion, the Tamil version will be sent to the Union government for its approval and certification as an authentic translation of the laws in English. After certification, the government translated Tamil version will be available for sale in the state. Tamil versions of the three new laws, authored by individuals and some publishers, have started reaching the shelves of book sellers, sources added. The three new crimin

Justice will be priority not punishment: Prez Murmu on new criminal laws

President Droupadi Murmu on Thursday said the three new criminal laws, which are slated to come into force from July 1, will provide justice rather than punishment, which was the mindset during the British regime. Addressing the first joint sitting of Parliament after the constitution of the 18th Lok Sabha, she said the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023 will speed up the judicial process. These laws, enacted last year, are set to replace the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act respectively. "The Bharatiya Nyay Sanhita will come into force in the country from the 1st of July. During the British regime, there was the mindset to punish the subjects. Unfortunately, the same penal system of the colonial era continued for many decades after Independence," she said. The president said the idea of changing criminal laws was much talked about for many decades, but it i

Gujarat game zone blaze: Rajkot chief fire officer, deputy CFO arrested

The Rajkot Municipal Corporation's chief fire officer and deputy CFO were arrested on Saturday in connection with the massive blaze at a game zone here on May 25, which resulted in the deaths of 27 persons, including children. CFO Ilesh Kher and Deputy CFO Bhikha Theba as well as Mahesh Rathod, who was the supervisor of the fabrication work going on at the ill-fated TRP Game Zone, were arrested, the official said. "Theba is already in jail in connection with a corruption case and his custody was taken through a transfer warrant. With this, we have so far arrested 15 persons in connection with the blaze," he said. Kher was accused of not inquiring about whether the unit possessed a valid fire NOC certificate as well as proper fire fighting equipment after a similar blaze broke out during welding work at TRP game zone on September 4 last year, a statement from the police said. Rathod was held for alleged negligence in his duty and not ensuring proper safety during the welding work, .

Indiscriminate arrests gross violation of human rights: Allahabad HC

The Allahabad High Court has held that "irrational and indiscriminate arrests" are gross violation of human rights and arrest should be the last option restricted to "exceptional cases". Justice Siddhartha, during an anticipatory bail hearing against a man accused in a cow slaughter case, observed that arrests should only be carried out when custodial interrogation of the accused is required. Granting anticipatory bail to Mohammad Tabish Raza, the judge said, "After considering rival submissions, this court finds that there is a case registered or about to be registered against the applicant. It cannot be definitely said when the police may apprehend him. "After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged," the court said in its order dated June 12. "The courts have repeatedly held that arrest should be the last option for the police and it should be ...