New Criminal Laws: Kapil Sibal with Mukta Gupta, Madan B. Lokur & P. Chidambaram

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Published 2024-07-14
#livelaw #BNS #BNSS #BSS #new #penalaws #colonial #Bharathiya #Sanhita #nyaya #sibal #Muktgupta #Lokur #policepower #FIR #remand #arrest #custody #zeroFIR #investigation #communityservice #sessions #magistrate #appeal #criminallaws #SupremeCourt #Lalithakumari #arneshkumar #justice #law #lawyer #lawgraduate #legal #supremecourt #indianjudiciary #indiancourts #lawfirm #lawcollage

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All Comments (21)
  • Dear Live Law, As being a permanent Prosecutor I feel that independence of prosecution is surrendered to judiciary and political parties. Please do a conference on this subject
  • What an irony. Criminal Chidambaram commenting on new laws. This can happen only in India!
  • @s2151986
    PC and Sibal are wrong when they say Adultery has been brought back. There's no provision of adultery in BNS.
  • Supreme Court shall have broaden their Perifery to give space for interpretation of new laws because every day matters will pile up from all over the country.
  • I agree to the version of Sh. Kapil Sibbal sir that this is the reformation of colonial Era
  • @ASRavi1
    Dear LiveLaw, "Proviso cannot eat the main provision". Main Sec.223 of BNSS has to be read first and then proviso. The accused need not be present while recording statements of victim and witnesses. "on taking cognizance" in old code has been changed as "while taking cognizance". After recording the statements, if Magistrate feels prima facie case for cognizance exists, then he has to issue notice to accused, hear him and then decide to take cognizance. If not, dismiss the complaint under Sec.227 of BNSS. Even after hearing the accused also, the complaint can be dismissed under Sec.227 of BNSS. Thus, the accused need not be present, while recording statements of victim and witnesses. The reasons are:- 1. They are only a Statements, like Sec.180 of BNSS (Sec.161 of Cr.P.C.) 2. It will cause inconvenience to accused in frivolous cases 3. It may become Substantive Evidence 4. The accused may ask a right of cross examination 5. Issuing notice to accused to appear an injustice act
  • What kind of discussion is this where only opposing views are there...... Bring few people who support and others who oppose.
  • Thank you so much for giving a healthy discussion on new criminal laws by the eminent persons 🙏
  • Appreciate for the initiative to make people aware of these new criminal laws...
  • @prachi5399
    there are lots of challenges in honble supreme court for the vagueness in provisions but lets hope for the best
  • How can you keep someone in jail without reasonable proof? And that too for 3 months. It shows the inefficiency of the police and the incompetence of the courts.😅
  • In a multi-lingual, multi-religious, and multi-cultural Society, no one should feel left out or discriminated against. That is unity and integrity. So, English and secularism is (was?) adopted in India. Now, both are under severe and imminent threat. The BJP Union Government has no legal or moral grounds to forcibly thrust new and autocratic laws upon the people even without any public discussion and the consent of the various States...
  • Educate common people about these laws to the maximum ,so that they understand and raise the voice against them.