Pages

Monday, July 1, 2024

Three laws replacing IPC, CrPC, Evidence Act to be effective from July 1 :-Business Standard

 

The Ministry of Home Affairs (MHA) on Saturday notified the date for the three new criminal laws-- Bharatiya Nyaya Sanhita 2023, Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023-- and announced that these will come into force from July 1 this year.
The MHA made the announcement through three separate notifications declaring July 1 as the date on which the provisions of these acts will come into force.
As per one of the notifications issued by exercising the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the MHA declared it appoints the 1st day of July 2024 as the date on which the provisions of the Sanhita, "except the provision of sub-section (2) of section 106, shall come into force."
Using similar powers conferred by sub-section (3) of section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the MHA appointed "the 1st day of July 2024 as the date on which the provisions of the Sanhita, except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule, shall come into force."
"In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), the Central Government hereby appoints the 1st day of July 2024 as the date on which the provisions of the said Adhiniyam, shall come into force," reads another notification.
The move comes after President Droupadi Murmu gave her assent to these laws on December 25, days after the Parliament passed the three criminal bills -- the Bharatiya Nyaya (Second) Sanhita Bill, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill and the Bharatiya Sakshya (Second) Bill.
Giving prominence to crimes against women and children, murder and crimes against the nation; these three Bills were passed by the Lok Sabha and the Rajya Sabha in the recently concluded Winter Session of Parliament.
The Indian Penal Code (IPC) has been replaced with the Bharatiya Nyaya Sanhita, the CrPC with Nagarik Suraksha Sanhita and the Indian Evidence Act has been replaced with the Bharatiya Sakshya Adhiniyam.
Bharatiya Nyaya Sanhita has 358 sections (instead of 511 sections of IPC). A total of 20 new crimes have been added to the Sanhita, and the imprisonment sentence has been increased for 33 crimes. The amount of fine has been increased in 83 crimes and mandatory minimum punishment has been introduced in 23 crimes. The penalty of community service has been introduced in six crimes and 19 sections have been repealed or removed in the Act.
Bharatiya Nagrik Suraksha Sanhita has 531 sections (in place of 484 sections of CrPC). A total of 177 provisions have been changed in the Sanhita and nine new sections as well as 39 new sub-sections have been added to it. The act has added 44 new provisions and clarifications. Timelines have been added to 35 sections and audio-video provision has been added at 35 places. A total of 14 sections have been repealed and removed in the Sanhita.Bharatiya Sakshya Adhiniyam will have 170 provisions (instead of the original 167 provisions, and a total of 24 provisions have been changed. Two new provisions and six sub- provisions have been added and six provisions have been repealed or deleted in the Adhiniyam.
The complete implementation of new criminal laws will ensure an end to 'tareekh pe tareekh' era and justice will be given in three years as earlier informed in the Parliament by Union Home Minister Amit Shah.
Bharatiya Nyaya Sanhita has introduced a new chapter titled 'Crimes against Women and Children' to deal with sexual crimes, and the Sanhita is proposing changes in the provisions related to the rape of women below 18 years of age.
Provision related to the gang rape of a minor woman to become consistent with the Protection of Children from Sexual Offences Act (POCSO), and a provision has been made for life imprisonment or death penalty in the case of girls below 18 years of age.
There is the provision of 20 years imprisonment or life imprisonment in all cases of gang rape and the new crime category of gang rape of a woman under 18 years of age in the Sanhita. The Sanhita provides targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without true intention to marry.
Terrorism has been defined for the first time in the Bharatiya Nyaya Sanhita, and it has been made a punishable offence.
In Bharatiya Nyaya Sanhita Section 113. (1), it is clearly mentioned that "whoever, with intent to endanger or is likely to endanger the unity, integrity, sovereignty, security or economic security or sovereignty of India or to cause or spread terror among the public or any section of the public in India or in any foreign country, commits any act using bombs, dynamite, explosive substances, poisonous gases, nuclear with intent to cause death to any person or persons, damage to property, or manufacture or smuggling of currency or so, he commits terrorist acts".
In the Sanhita, terrorist acts are punishable with death penalty or life imprisonment without parole. A range of terrorist offences have also been introduced in the Sanhita and it is pointed that destroying public facilities or private property is a crime. Acts that cause 'widespread loss by reason of damage or destruction of critical infrastructure' are also covered under this section.
A new criminal section related to organized crime has been added to the Sanhita, and organized crime has been defined for the first time in Bharatiya Nyaya Sanhita 111. (1). Illegal activity done by syndicate has been made punishable.
The new provisions include armed rebellion, subversive activities, separatist activities or any act threatening the sovereignty or unity and integrity of India. Small organized crimes have also been criminalized, punishable with imprisonment of up to seven years.
In organized crime, if a person is killed, the Act says, the accused can be sentenced to death or life imprisonment. A fine will also be imposed, which will not be less than Rs 10 lakh. Provision for punishment has also been made for those who help in organized crime.
On mob lynching, a new provision on crime related to murder committed on the basis of race, caste and community has been included, for which a provision of life imprisonment or death penalty has been made.
A new provision related to snatching also. There will now be more severe penalties for serious injuries that result in near-disability or permanent disability.
The practice of filing zero FIR has been institutionalized. The First Information Report (FIR) can be lodged anywhere, irrespective of the area in which the crime took place.
Victim's right to information has been ensured in these laws. Victim has the right to get a copy of the FIR free of cost. There is also a provision to inform the victim about the progress of the investigation within 90 days.
The timeline has been added to 35 sections of Bharatiya Nagrik Sukraksha Sanhita, which will make the speedy delivery of justice possible. The Bill prescribes a time limit for initiation of criminal proceedings, arrest, investigation, charge sheet, proceedings before magistrate, cognizance, charges, plea bargaining, appointment of Assistant Public Prosecutor, trial, bail, judgment and punishment, and mercy petition.
This process of reform in the three laws of the criminal justice system was started in 2019 and 3,200 suggestions in this regard were received from various stakeholders. Union Home Minister Amit Shah held more than 150 meetings and these suggestions were thoroughly discussed in the Home Ministry.

(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)


BCCI announces Rs 125 crore prize money for Team India for winning ICC T20 World Cup :-The Economic Times

The Board of Control for Cricket in India (BCCI) today announced Rs 125 crore for Team India for winning the ICC T20 World Cup.

BCCI president Jay Shah announced this in a tweet, saying, "I am pleased to announce prize money of INR 125 Crores for Team India for winning the ICC Men’s T20 World Cup 2024. The team has showcased exceptional talent, determination, and sportsmanship throughout the tournament. Congratulations to all the players, coaches, and support staff for this outstanding achievement!"

Earlier, in a statement, Shah hailed Rohit Sharma for his exceptional leadership."Under the exceptional leadership of Rohit Sharma, this team has shown remarkable resolve and resilience, becoming the first team in the history of the ICC T20 World Cup to win the tournament unbeaten. They have faced and silenced their critics with stellar performances time and again. Their journey has been nothing short of inspirational, and today, they join the ranks of the greats," said Shah in the statement.

Shah also lauded the team's strong work ethics. "This team has made us all proud with their dedication, hard work, and unyielding spirit. Led by Rohit Sharma, and ably assisted by Virat Kohli, Jasprit Bumrah and others they have fulfilled the dreams and aspirations of 1.4 billion Indians," he said.

India lifted the ICC trophy on Saturday, defeating South Africal by just seven runs in a thrilling match in Barbados, ending an agonising 11-year wait for a global title.

Batting first, India did well to post the highest total of 176 in a T20 World Cup final after being 34 for three. Later, India pacers provided two early wickets before a 58-run stand between opener Quinton de Kock (39 off 31) and Tristian Stubbs (52 off 27) put the Proteas back in the game. However, it was Klaasen's breath taking knock that almost stunned India.. Needing a wicket, Rohit Sharma did not turn to his lead pacer Jasprit Bumrah and went for Axar Patel in the 15th over in which Klaasen pounded couple of sixes and as many fours to singled-handedly take the game away from the opposition.

The asking rate suddenly dropped to run a ball and it became South Africa's game to lose. Not known to keep their calm in pressure situations, South Africa made life tougher for themselves and needed 20 runs off the last 12 balls with David Miller and Keshav Maharaj in the centre. Bumrah, who had bowled a beauty to dislodge Reeza Hendricks in the powerplay, made an impact when he was eventually brought back for this remaining two overs, picking up a wicket and conceding only six runs off his final 12 balls.

The equation came down 16 off the last six balls and on the first ball, Suryakumar Yadav took a sensational relay catch at the long-off boundary off Hardik to put India on the cusp of a thrilling victory.

India develops new explosive 2.01 times more lethal than TNT :-The Economic Times

 


India has successfully developed and certified a new explosive that is 2.01 times more lethal than standard TNT (Trinitrotoluene).

The high-performance explosive is one of the most powerful non-nuclear explosives in the world. The new formulation, which has been certified after extensive testing by the Navy, has the potential to revolutionise bombs, artillery shells and warheads by significantly improving their destructive power without increasing weight.

It is also likely to have tremendous export potential as forces across the world look to add lethality to existing weapon systems.

SEBEX 2 has been evaluated, tested and certified by the Navy under its Defence Export Promotion Scheme. "The development of the explosive will enhance the potency and efficiency of weapons and ammunition in use," officials said, adding that final certifications were completed last week.

The performance of explosives is measured in terms of TNT equivalence. Explosives with higher TNT equivalence have more lethality. At present, the most potent conventional explosive being used in India - for filling the Brahmos warhead - is graded at TNT equivalence of about 1.50. Most explosives around the world used in conventional warheads have a TNT equivalence of 1.25-1.30.

Developed by Economic Explosives Limited under the Make in India initiative, the composition based on high-melting explosive (HMX) will greatly improve the "lethality of warheads, aerial bombs, artillery shells and other munitions which utilise blast and fragmentation effects to inflict damage to targets", sources said. EEL is also working on another variant that will have an explosive power graded at 2.3 times of TNT and is confident it will be ready within six months.

SITBEX 1

The Navy has also certified the company's first thermobaric explosive, which has been used in recent conflicts to generate large-scale damage in the battlefield. SITBEX 1 has a prolonged blast duration with intense heat generation, which makes it ideal to take down enemy bunkers, tunnels and other fortified positions.

SIMEX 4

The third explosive certified by the Navy is SIMEX 4, an insensitive munition that is much safer to store, transport and operate than standard explosives. The new formulation is much less prone to accidental igniting and has applications where safety is paramount, like in torpedo warheads housed in the confined spaces of a submarine.

MHA framed three criminal laws discreetly; in force from today :-Source The Economic Times-used here for educational purposes only

 


New Delhi: The initial draft of the three new criminal laws to be implemented from July 1, 2024, was framed at the Central Bureau of Investigation (CBI) headquarters at Lodhi road here as the Union home ministry (MHA) wanted to maintain confidentiality and discreetness over the proceedings, said officials aware of the matter.

The first six months of the discussion were kept under wraps as central ministry officials and other stakeholders held closed-door meetings almost seven days a week, post Covid-19 pandemic, they added.

Union home minister Amit Shah, steering the bills, attended as many as 158 meetings before the draft laws were completed and presented before Parliament. Lok Sabha and Rajya Sabha cleared the bills to replace the British-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act (IEA) respectively in December 2023 following which the MHA organised massive training programmes for police officers, judiciary, prison authorities and forensic officials.

The MHA said it has trained 40 lakh grassroots level functionaries to ensure that people are aware about the legislations and the impact these will have on everyone, particularly women and children. Over 5.65 lakh police, prison, forensics, judicial and prosecution officials have also been trained about the new laws - the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023.

As the new criminal laws lay emphasis on technology in investigation, trial and court proceedings, the National Crime Records Bureau (NCRB) has made 23 functional modifications in the existing Crime and Criminal Tracking Networks and Systems application under which all cases are registered now in every police station in the country, added officials. The NCRB is also providing technical assistance to the states and Union territories for seamless transition to the new system.

Further, the NCRB formed 36 support teams and call centres for constant review and handholding of the states and Union territories for implementation of the new criminal laws. The Bureau of Police Research and Development conducted 250 training courses, organised webinars and seminars in which 40,317 officers and personnel have been trained. Under its hand holding, the states and Union territories have also undertaken capacity building of 5,84,174, including 5,65,746 police officers and personnel from prison, forensics, judicial and prosecution, added officials.

The MHA said it has trained 40 lakh grassroots level functionaries to ensure that people are aware about the legislations and the impact these will have on everyone, particularly women and children. Over 5.65 lakh police, prison, forensics, judicial and prosecution officials have also been trained about the new laws - the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023.

As the new criminal laws lay emphasis on technology in investigation, trial and court proceedings, the National Crime Records Bureau (NCRB) has made 23 functional modifications in the existing Crime and Criminal Tracking Networks and Systems application under which all cases are registered now in every police station in the country, added officials. The NCRB is also providing technical assistance to the states and Union territories for seamless transition to the new system.

Further, the NCRB formed 36 support teams and call centres for constant review and handholding of the states and Union territories for implementation of the new criminal laws. The Bureau of Police Research and Development conducted 250 training courses, organised webinars and seminars in which 40,317 officers and personnel have been trained. Under its hand holding, the states and Union territories have also undertaken capacity building of 5,84,174, including 5,65,746 police officers and personnel from prison, forensics, judicial and prosecution, added officials.

AN OLD BRIDGE AT PRAYAGRAJ (FORMERLY ALLAHABAD) BUILT BY BRITISH IN INDIA

 

The speciality of Prayagraj (formerly Allahabad) is that it is surrounded by rivers on three sides and all three of its railways are made of iron by the British.
These three bridges are a great example of engineering and the oldest Nanny Bridge is one of the longest and oldest bridges in India, it is a double-deck steel truss bridge built on the Yamuna river in the southern part of the city to Allahabad suburban Nanny The adds up.
There is a two-lane railway line on the upper deck that connects Nanny Junction railway station to Prayagraj Junction railway station, which is India's busiest Delhi-Howrah railway track on which hundreds of trains pass daily.
The bridge was designed by Consulting Engineer Alexander Meadows Randell and his father James Meadows Randell and led by British engineer Mr. Siveley.
It still stands successfully 160 years after its birth and trains cross at its own pace, while the lower deck has been through the road since 1927.
Construction of this bridge began in 1859 and trains began on 15 August 1865. 44 lakh 46 thousand three hundred rupees were spent during the construction of 3150 feet long bridge.
Take a look at the figures so it took 6 years to build this bridge made of 30 million cubic bricks and hail, all pillars (span) foundation is up to 42 feet deep.
The stones of Jama Masjid of Allahabad are placed in the pillars of this bridge which was martyred by Colonel Neil. The huge mosque built by Mughal Emperor Akbar was west of the fort located in Sangam where it is Minto Park today, after the martyrdom of Maulvi Liaquat Ali in the war of 1857, the British demolished this Jama Masjid and put stones on this pillar.
10 thousand people could offer Namaz together in the mosque.
13 of the 17 pillars (span) of this bridge made of 4300 tonnes of iron garders are 61 meters long, meaning each pillar is 200 feet. 02 span is 12.20 meters long and 01 span is 9.18 meters long.
A pillar is 67 feet long and 17 feet wide called elephant feet.
There are some very interesting facts about the construction of this bridge.
The flow was quite fast during construction of the bridge standing at 17 Pillar (Span). Dug well after nine feet down the water level, then the stone was masoned by laying ashes and stone floor, which was 52 feet diameter. Pillar was built on it.
But its number 13 pillar was to be built in the deepest place of Jamuna river. The flow of water was so fast that whenever the pillar was raised, it washed away.
Due to the high flow in Yamuna water, making pillar number 13 was the most difficulty. The bridge's and other pillars were almost built by 1862 but it took nearly 2 years to build pillar number 13.
The pillar molding platform that was prepared throughout the day would have been swept away in the river by the next morning. No engineering sample was able to sustain the foundation of a pole. People were working hard day and night, but the Yamuna's stream used to change water on all the hard work.
Engineer Mr. Sivele writes in his diary that the water flow was very fast in this place, repeatedly the pillar fell and foundation could not stand. The reason for which the whole bridge was incomplete and his whole family was also in trouble. She couldn't sleep even at night.
After many days the engineer had a dream at night that his wife was standing in the water in the same place and wearing sandals, high heels and water is coming next to him cutting that sandals and nothing happens to the sandals So he made the same sandle-shaped map that cuts water. Then went and found this one who is different.
It took more than 20 months to make this 13 number pillar. It's design pillar is like elephant feet or say shoe shape means shoes.
Prayagraj has all legends regarding this pillar. People say that the bridge building company was not understanding anything, that's why a pilgrim of Sangam Nagari advised the engineers that the bridge construction will not be completed until human sacrifice is given in Yamuna.
And during that time there was a sacrifice in Yamuna after which pillar number 13 of the bridge was ready. The well was dug down the water level 9 feet to prepare this pillar. It could only be made after human sacrifice.
A 52 feet diameter arch of stone masonry was built on it, the pillar was shaped an elephant leg and provided stability to the bridge.
People say in the dark of night, the man who was sacrificed is often found sitting on the shoe.
The rest of the bridge is a haunted house next to Prayagraj Degree College on which Discovery Channel has run a series of several episode. (The picture is in the comment box)
Allahabad Agricultural Institute, which is rotten from this bridge, has also taken a haunted history which has occurred many times of people disappearance.
There are also many stories about the Nanny railway station connected to this bridge and is considered a haunted railway station where that human is often seen at night.