Gist of Bharatiya Nyaya (Second) Sanhita Bill (to replace IPC), Bharatiya Nagarik Suraksha (Second) Sanhita (to replace CrPC) & Bharatiya Sakshya

 

Getting 3 Path-breaking bills passed in Lok Sabha to overhaul Criminal Laws ON 20th.december,2023. moving out of the shadow of the British & bringing a Swadeshi legislation.Bharat's got Laws 1st time which're “By Bharatiyas, For Bharatiyas, Of Bharatiyas"

Keeping Emotional Quotient aside, let me give IMPORTANT points.

LOKSABHA Passed Bharatiya Nyaya (Second) Sanhita Bill (to replace IPC), Bharatiya Nagarik Suraksha (Second) Sanhita (to replace CrPC) & Bharatiya Sakshya (Second) Bill (to replace Evidence Act). Is it only about name changing? Of course Not! You will love to read changes!

For 1st time...Investigation, Submission of Charge-sheet, Investigation pursuant to filing of Charge-sheet, PRONOUNCEMENT of JUDGMENT...EVERYTHING is made time-bound by statute. Even seeking of arbitrary adjournments is dealt with.

It means No bribing of Investigation Officer to keep loop holes, No bribing of Police to delay charge-sheet to get bail, No unnecessary adjournments seeked by lawyers to pull on case for years (in simple words NO MORE तारीख पे तारीख) & SAME rule applicable for Judges TOO.

Sakshya Bill lays importance on Digital Evidence & New-age forms of Communication. Evidence Act wasn't equipped to handle & appreciate electronic evidence. Remember 2G Case? Inspite of all Electronic Evidences wrt Money Trail, all accused were acquitted by Judge Saini..

Judge Saini simply refused to accept Electronic Evidences USING Loop Holes of Evidence Act to FREE politically heavyweight accused. Not possible anymore with Digital Evidences which leave footprint behind even after deleting...are made acceptable. Sorry Judge Saini!

In case of Hate Speeches....No Need to produce Original Video Print to prove crime as EVEN the Live Recordings to be accepted as Evidences. Modi Haters who are expert in issuing death threats to him every now & then in PeaceFOOL areas, now, need to be careful.

Section 103(2) is about mob lynching. Death penalty will be imposed on people who lynch someone based on Race, Caste or Religion. Several provisions to fix Police Accountability. This is to make Victim-centric laws....unlike Accused-centric laws at present.

Detailed provisions for offences against Women & Children. Sexual intercourse on FALSE Promise of Marriage, Employment, Promotion or by SUPPRESSING ONE'S IDENTITY or using criminal force to disrobe/ engage in acts of voyeurism, are made GENDER NEUTRAL Criminal Acts.

Gender Neutral because gone are the days when victim used to be Women only. अब तो equality का जमाना है, भाई। Even Men can be victim of all those mentioned criminal acts. But earlier British Acts were gender biased. And don't forget to pay special attention to....

Promise of Marriage by SUPPRESSING ONE'S IDENTITY is made CRIMINAL ACT! Means “LOVE JIHAD" which was not acknowledged as it exists....is GIVEN RECOGNITION LEGALLY & even WOKE Judiciary CAN'T do anything to SAVE the PeaceFOOL even if it wants to.

Excluding doctors from Criminal Prosecution over death due to medical negligence, as per request by Indian Medical Association. (this is only oral announcement by Amit shaw ji in Lok sabha,but not reflected in the bill!)

It is  possible for the legislature to exempt doctors from criminal negligence in view of the ground situation and the need for such a law.There is nothing wrong if, given the ground situation, the Parliament makes a law contrary to what the SC had suggested. 

[NOTE—Such things have to be done as per the preponderance of probability. Example--Certain presumptions regarding dowry death and cruelty in marriage.]

criminal penalization due to negligence is reduced to 2yrs (Article 14 also inhibits treating unequals as equals. Hence in my understanding reducing the term for medical negligence may not be violation of Article 14.)

section 106 of BNS-2 bill no 173-c : Regarding death by negligence

section 26 of BNS-2 bill no 173-c : Act not intended to cause death,done by consent in good faith for person's benefit.
26. Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. Illustration. A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence. This defense (section 26 ) is already in the IPC as section 88,which was referred as general defense.

the section 88 in IPC was replicated as section 26 in new BNS!

So its clear the doctors are not immune from criminal law as was widely and falsely published IN THE MEDIA!

SEDITION Law TIGHTENED! While IPC penalises ONLY work against Govt, the Bharatiya Nyaya Sanhita will ALSO punish those who work against Nation. Note that in majority sedition cases, people like Urban Naxals get acquittal on the argument that we are fighting against Govt & that's our FoE blah blah. But, NOW even Slogans against Sovereignty of Bharat will be made part of Sedition.

In short...“भारत तेरे टुकड़े होंगे, इंशाल्लाह" fame JNU, AMU & Urban Naxals... सबकी लंका लग गई। No more loop holes to get Bail from OWN SYSTEM Also.

Terrorist Acts now included as offence in Bharatiya Nyay Samhita also with same provisions of UAPA while UAPA Stays. Why? To teach lesson to TMC, DMK, (P)AAP, SP, RJD, JDU, CONgress State Govts who don't invoke UAPA in Terror Acts to save THEIR MEN!

BNS provisions will STILL screw THEIR men even if they don't invoke UAPA! Screwed! NO MERCY PETITIONS BY THIRD PARTIES AGAINST DEATH PENALTY. Means: No Opening of SC at midnight 12 to save Terr0ri$ts or R@pists. NGO Shops Closed. Ashant Dushan Jobless. RAJMATA Screwed.

Provisions allowing Police Custody BEYOND 1st 15 days of arrest, introduced! This is to teach lesson to Politicians & Influential Accused who get heartburn, acidity, uneasiness immediately after Court sending them to Police Custody. Suppose, Court has sent accused on..15 days Police Custody & accused complains of some ailment & goes to hospital. MANAGES Doctor & stays for 15 days in Hospital. Then? As per present laws, his custody is over & he's free to apply for bail. But NOW...his remanded custody will be EXCLUDING picnic in Hospital.

As of now, I could get this much info on TODAY'S 3 Bills passed in LS. I'm not someone in Govt who can get a hand on every bill instantly. But tried best to get these Main Points as of now. Will write more as & when more details emerge. What? Will these Bills stand in SC?

Bills are made after taking opinion from all MPs & after Consulting a Premier Law University, Present+ Retired Judges,Academicians, lawyers etc. Bills were sent to Parliament Select Committee & then passed in LS. Who is SC to deny? ONLY PARLIAMENT CAN FRAME LAWS! NOT SC!